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2016 (6) TMI 17 - HC - Central ExciseImposition of penalty - Section 112 of the Customs Act, 1962 - petitioners had a statutory alternative remedy of filing an appeal under Section 129(1) of the Act before the CEGAT, New Delhi and they availed it - Appeal dismissed for want of prosecution - Held that:- the petitioners cannot be permitted to keep quiet for a long period of time and then make a complaint that as the records have been weeded out they cannot file an application for recall of the order and so the writ petition should be entertained. There is nothing on record to indicate that the petitioners had made any attempt to file any application. Also no good reason seen to accept the plea of petitioner that to protect the interest of the petitioners the Court may hear the petitioners after imposing costs. It is only when laches of 25 years had been satisfactorily explained by the petitioners that the Court could have considered imposing costs but the petitioners have miserably failed to satisfy the Court about the laches. - Decided against the petitioner
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