2010 (9) TMI 67 - HC - Central Excise

Condonation of delay in filing an appeal - Delay of 3 years in filing appeal - Held that - Not even a whisper in the petition about the gross delay of about 3 years and later on by way of an amendment application an attempt was made to explain such gross delay of almost 3 years of the petition. Except the flimsy excuses, no good reason is shown by the petitioner for entertaining this petition after a lapse of almost 3 years. - without going into the merit of the case, this petition is straightaway dismissed on the ground of delay.

Summary

Issues:
Challenge to Order-in-Original Nos. SRT-I/DIV-II/ADJ-136 & 137/2001/MP-II dated 28-5-2001 for Central Excise; Delay of almost 3 years in filing petition under Article 226 of the Constitution of India; Amendment application to explain the delay; Previous judgment remanding the matter to the authority.

Analysis:
The petitioner sought to challenge Order-in-Original Nos. SRT-I/DIV-II/ADJ-136 & 137/2001/MP-II dated 28-5-2001 passed by the Assistant Commissioner Central Excise, Division II, Surat-I after a significant delay of almost 3 years in filing the petition under Article 226 of the Constitution of India. The Division Bench of the court noted that when the petition was initially filed, there was no explanation provided for the substantial delay. An amendment application was later submitted to clarify the delay, but it was observed that the reasons presented were flimsy excuses without any substantial justification for the prolonged delay. The Division Bench, in a previous judgment, had remanded a similar matter to the authority, emphasizing the importance of addressing delays and laches in legal proceedings.

The unreported judgment and order dated 19-1-2004 of the Division Bench highlighted that the issue of gross delay and laches was not adequately addressed. The court pointed out that the petitioner's attempt to explain the delay through an amendment application was insufficient, as it lacked a valid reason for the 3-year delay in challenging the original order. Despite the petitioner's efforts to provide reasons for the delay in para 4.1 of the petition, the court found the excuses to be inadequate and not justifying the extended delay. Consequently, the court dismissed the petition solely on the grounds of delay and laches, without delving into the merits of the case. The court discharged the notice and did not impose any costs, emphasizing the importance of timely and diligent legal actions to maintain the integrity of the legal process and ensure efficiency in the administration of justice.