9911796707
TMI Blog1991 (2) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... er : Harish Chander, Vice President]. The Collector of Central Excise, Belgaum, has filed an appeal being aggrieved from the order passed by the Collector of Central Excise (Appeals). In column No. 3 the date of communication has been mentioned as 24th June, 1985. The said appeal was received in the Registry on the 5th day of November, 1985. In terms of provision of Sub-section (3) of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1991 and till now, no reply has been received and no application for condonation of delay has been filed. 2. Shri T. Rajeswara Sastry, learned Consultant, who has appeared on behalf of the respondent, stated that on the last date of hearing he had come all the way from Bangalore and it was made clear by the Bench that no further adjournment will be granted in any case. He opposes the grant of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds made out in the application for condonation of delay and the only material set out in the application is the list of dates starting from the date of receipt of the certified copy of the judgment upto the date of filing of the Special Leave Petition. It appears from the list of dates that the certified copy was received by the Collector of Central Excise on 22nd July, 1984 (wrongly mentioned as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was a delay of more than a month and a half and on 7th January, 1985, a special leave petition was filed without offering any explanation for this delay at three stages. The Learned Additional Solicitor General requested use to give him an opportunity to file a supplemental affidavit explaining the delay at the three stages. But we do not see why any further time should be granted to the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stify the grant of adjournment. The prayer of the applicant for grant of adjournment is rejected. 4. Now, we proceed to take up the appeal. We have also pointed out that there is a delay of one month and 11 days. There is no application for condonation of delay. In the absence of application for condonation of delay, the discretion for condoning the delay in terms of provisions of sub-section (5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
