Application for Appeal Dismissed Due to Delay in Filing | Lack of Due Diligence

The Appellate Tribunal CESTAT NEW DELHI dismissed the application for condonation of delay in filing an appeal due to reasons of late receipt of order, employee leaving the job, and family member's death. The tribunal found a lack of due diligence on the appellant's part and deemed the grounds for delay insufficient, as the family member's death occurred after the limitation period had expired. Consequently, the appeal was dismissed.

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Issues: Condonation of delay in filing an appeal due to reasons of late receipt of order, employee leaving the job, and family member's death.

In this judgment by the Appellate Tribunal CESTAT NEW DELHI, the issue of condonation of delay in filing an appeal was considered. The appellant sought condonation of delay citing reasons such as delayed receipt of the order, the employee responsible for the matter leaving the job, and a family member's death. The appellant received the order within 10 days of its announcement, but the officer handling the matter had left the job. The tribunal noted that the appellant did not mention the date of the successor's joining, implying that there was still time to make arrangements to avoid delay. The tribunal found a lack of due diligence on the appellant's part. Additionally, the ground of a family member's death was deemed insufficient as it occurred after the period of limitation had expired. Since the order was received on 21st June 2019 and the limitation period expired on 20th September 2019, the delay could not be condoned. Consequently, the application for condonation of delay was dismissed, leading to the dismissal of the appeal as well.

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