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Supreme Court - Daily Orders

Commissioner Of Central Excise And ... vs Bharat Hydel Projects Pvt. Ltd. on 28 August, 2023

Author: B.V. Nagarathna

Bench: B.V. Nagarathna

     ITEM NO.46                               COURT NO.12                 SECTION XVII-A

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

                                    CIVIL APPEAL Diary No(s).4095/2020

     (Arising out of impugned final judgment and order dated 26-10-2018
     in AN No. 55070/2014 26-10-2018 in AN No. 55329/2014 passed by the
     Customs, Excise And Service Tax Appellate Tribunal)

     COMMISSIONER OF CENTRAL EXCISE AND
     SERVICE TAX CHANDIGARH I                                              Petitioner(s)

                                                   VERSUS

     BHARAT HYDEL PROJECTS PVT. LTD.                                       Respondent(s)

     (IA No.30711/2020-CONDONATION OF DELAY IN FILING and IA
     No.30708/2020-STAY APPLICATION
     IA No. 30711/2020 - CONDONATION OF DELAY IN FILING
     IA No. 30708/2020 - STAY APPLICATION)

     Date : 28-08-2023 These matters were called on for hearing today.

     CORAM :
                            HON'BLE MRS. JUSTICE B.V. NAGARATHNA
                            HON'BLE MR. JUSTICE UJJAL BHUYAN

     For Petitioner(s)                Mr. N. Venkatraman, A.S.G.
                                      Mr. Mukesh Kumar Maroria, AOR
                                      Mr. Rupesh Kumar, Adv.
                                      Mr. Annirudh Sharma II, Adv.
                                      Ms. Nisha Bagchi, Adv.
                                      Mr. Arkaj Kumar, Adv.
                                      Mr. Padmesh Mishra, Adv.
                                      Mr. S.A. Haseeb, Adv.
                                      Mr. Udai Khanna, Adv.
                                       Mrs. Swayam Prabha Das, Adv.

     For Respondent(s)                Mr. Anandh K, AOR
                                      Mr. Amit Jain, Adv.
                                      Ms. Nishita Jagetia, Adv.
                                      Ms. Shruti Iyer, Adv.

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Signature Not Verified We have heard learned counsel for the respective parties on Digitally signed by Neetu Khajuria Date: 2023.08.29 the application seeking condonation of huge delay of 402 days in 17:28:51 IST Reason:

filing this civil appeal.
1 We have perused the contents of the application seeking condonation of delay as well as the reply thereto and the rejoinder filed to the reply.
We are not satisfied with the explanation offered by the petitioner for condoning the delay. The said explanation is not sufficient in law to condone the delay of 402 days in filing this statutory appeal.
Hence, the application seeking condonation of delay is dismissed.
Consequently, the appeal is dismissed. Questions of law, if any, shall remain open. Pending application(s), if any, shall stand disposed of. (KRITIKA TIWARI) (MALEKAR NAGARAJ) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) 2