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2019 (9) TMI 1219

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..... department under the RTI Act. There has been inordinate delay on the part of the appellant to file the appeal. The plea put forward by the appellant that department did not inform them as to whether the matter was referred to call book etc. is not reflected anywhere in the records. This is a mere assumption made by the appellant. There is huge delay in filing the appeal which remains unexplained by the appellant - COD application dismissed. - Customs Miscellaneous Application No.40288 of 2019 And Customs Appeal No.41232 of 2019 - Final Order No. 41024/2019 - Dated:- 16-8-2019 - HON BLE MS. SULEKHA BEEVI, C.S., MEMBER (JUDICIAL) Ms. G. Shanmugam, Consultant for the Appellant Ms. T. Usha Dev .....

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..... part of the appellant in filing the appeal and the same may be condoned. 3. Ld.A.R, Ms.T. Usha Devi has strongly opposed the application. She adverted to the last but one paragraph of OIA and submitted that on 26.03.2014, the Proprietor of the appellant firm Shri Vinod Kumar was given an opportunity of personal hearing. Thus, when the appellant have attended the personal hearing, they ought to have followed up the outcome of the appeal. It is only on 29.01.2019 that they have filed a RTI query requesting for details of the order-in-appeal passed. There is much delay on the part of the appellant in filing this appeal and for which sufficient cause has not been explained by the appellant. She further submitted that department i .....

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..... is mentioned as 11.04.2014 and the mode of despatch is also shown as Speed Post . The appellant has not preferred any appeal against the said reply furnished by the CPIO of the department under the RTI Act. Taking these facts into consideration, I am of the view that there has been inordinate delay on the part of the appellant to file the appeal. The plea put forward by the appellant that department did not inform them as to whether the matter was referred to call book etc. is not reflected anywhere in the records. This is a mere assumption made by the appellant. 6. From the discussions made above, I am of the view that there is huge delay in filing the appeal which remains unexplained by the appellant. COD application is d .....

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