Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2019 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 318 - HC - Central ExciseCondonation of delay of 887 days in filing this motion - extension of time for removal of office objections granted by this Court - HELD THAT:- In the present facts, the applicant had failed to remove the office objections and as directed by the Prothonotary and Senior Master on 1st March, 2016. This Court granted their application by restoring the appeal subject to the applicants removing the office objections within 4 weeks. However, the applicant failed to act upon the same and the affidavit as originally filed did not indicate how and when the applicants realized that the order of this Court was not complied with, time was taken to file an additional affidavit. The additional affidavit as filed also does not indicate as to when the applicant came to know that they had not complied with the order dated 23rd June, 2017 of this Court. Thus, the date when they came to know of non-compliance of the order is critical in any application for condonation of delay, as if the above is accepted the time taken thereafter needs to be explained. The affidavit and additional affidavit are both silent on this aspect. The application for condonation of delay in taking out the motion is rejected.
|