Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2023 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 634 - UTTARAKHAND HIGH COURTSeeking condonation of delay in filing appeal - Condonation of delay was sought on the premises that the appellant- Tasleem Ahmed was not aware of the passing of the order dated 30.06.2017, since he had resigned from the Directorship of the Company in July, 2014 - HELD THAT:- The appellant submits that he had not preferred the earlier appeal, since he had not signed either the memo of the appeal, or the Vakalatnama - there are no merit in this submission, for the reason, that when the appellant was granted the opportunity to file an affidavit to explain the position as to how the earlier appeal had been preferred, he failed to do so. It is obvious that the counsel had preferred the earlier appeal upon instructions of the appellant, as no counsel would, on his own file an appeal or other proceedings before any Court or Tribunal, without receiving instructions, including the fees therefor. The appellant has got away very lightly with the imposition of costs of Rs. 10.00 Lakhs. In fact, it was a fit case for initiation of proceedings for perjury against the appellant. However, since the Tribunal has chosen not to take steps, we say no further in that regard. The appeal is dismissed with costs of Rs. 50,000/- to be deposited with the Uttarakhand Legal Services Authority within two weeks.
|