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2017 (8) TMI 1224

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..... and Mr. Pritam Kothadiya, Advocates For the Respondent : Mr Harpreet Singh, Senior Standing Counsel with Ms Namrata Bharti, Advocates ORDER C.M. No. 21399/2017 (delay of 1825 days in filing) 1. There is an extraordinary delay of 1825 days in filing the present appeal which is preferred against the order dated 14th October 2011 passed by the Customs, Excise and Service Tax Appellate Tribunal ( .....

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..... issed by the CESTAT by order dated 15th June 2009. 3. It appears that the Appellant filed an application for recall of the above order in June 2009 before the CESTAT itself. However, by its order dated 14th October 2011, the CESTAT declined to restore the appeal. This subsequent order passed by the CESTAT has been challenged in the present appeal. 4. At the outset, it was pointed out to Mr. Mano .....

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..... the father of the Proprietor was diagnosed with cancer sometime in 2009. He ultimately expired in 2011. Therefore, the Proprietor of the Appellant was busy and could not pursue the filing of an appeal. 6. It is also pointed out that the Appellant filed a writ petition being W.P. (C) No.1409/2017 before this Court challenging the aforementioned order dated 14th October 2011 of the CESTAT, which c .....

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..... While that is understandable, the indulgence of the Court cannot be granted to a litigant who is far from diligent in pursuing his remedies. It is plain that, at every stage, the Appellant did not care to follow up the matter diligently and, in such circumstances, the Court is not inclined to condone the extraordinary delay of 1825 days in filing the present appeal. 9. The application for condon .....

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