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2015 (7) TMI 666 - HC - Central ExciseCondonation of delay - Delay of 1298 days - Bonafide belief that appeal has been withdrawn - Held that:- explanation given for the delay is absolutely vague. Secondly, it does not inspire any confidence simply because the judgment of the Hon’ble Supreme 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 of officials who do not have any personal interest 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 on their part, far from setting out the period during which such lapse of inaction occurred. Nothing of this nature has not been set out. No explanation is forthcoming as to where and with whom the files were pending and it was whole responsibility to take a decision to institute these proceedings. For all these reasons, the explanation for the delay cannot be termed as reasonable and bona-fide. - Condonation denied.
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