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TMI Blog2015 (7) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court was delivered in February 2011. That a statutory or a public body was unaware of the legal position, which has been summarized in the order of the Hon’ble Supreme Court [2011 (2) TMI 3 - Supreme Court], for more than 3½ years, cannot be a ground to condone the delay. That is, therefore, a general explanation and stated to be peculiar to public bodies which is consisting and comprising o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y cannot be termed as reasonable and bona-fide. - Condonation denied. - Notice of Motion No. 1255 of 2014 in Central Excise Appeal (L) No. 53 of 2014 - - - Dated:- 24-11-2014 - S.C. Dharmadhikari and A.A. Sayed, JJ. Ms. Sneha Phene i/b Little Co., for the Appellant. ORDER This is a Notice of Motion for condonation of delay of 1298 days in filing a statutory Appeal. 2. The App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order passed in Civil Appeal No. 1883 of 2011 (arising out of S.L.P. (C) No. 2538 of 2009), Electronics Corporation of India Ltd. v. Union of India Ors., decided on 18th February, 2011 - 2011 (265) E.L.T. 11 (S.C.) = 2011 (21) S.T.R. 593 (S.C.), clarified that such Inter Departmental Dispute Resolution Mechanism cannot deprive parties of their statutory and legal rights. That order was passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but are indifferent and negligent in discharge of the duties. For this very reason the Hon ble Supreme Court has held that the Government cannot be treated as a special litigant. It has no right in seeking condonation of delay by putting forward such grounds or reasons. The delay in this case is enormous. None has come forward to own the responsibility and to pin point any lapse and specifically o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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