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of <h1>Appellate Tribunal dismisses appeal due to delay, emphasizes importance of choosing correct legal forum</h1> <h3>CATHLEY OVERSEAS Versus COMMISSIONER OF CUSTOMS, ICD, TUGLAKABAD</h3> CATHLEY OVERSEAS Versus COMMISSIONER OF CUSTOMS, ICD, TUGLAKABAD - 2001 (136) E.L.T. 1040 (Tri. - Del.) Issues:Condonation of delay in filing the appeal due to pending writ petition and assurance from respondents.Analysis:The judgment by the Appellate Tribunal CEGAT, New Delhi dealt with an application for condonation of delay of 141 days in filing an appeal against the impugned order of the Commissioner of Customs. The appellants sought condonation based on various grounds, including the belief that the limitation for filing the appeal would run only after the decision of their pending writ petition in the High Court. The Tribunal considered the arguments presented by both parties, where the appellants claimed they were assured by the respondents that the impugned order would not be implemented during the pendency of the writ petition. However, the Tribunal found that the appellants did not act in a bona fide manner as they chose to file a writ petition instead of an appeal before the Tribunal despite being informed that the impugned order could be challenged before the Tribunal.The Tribunal emphasized that the appellants' belief that they could file the appeal after the decision of the writ petition was not supported by any order from the High Court granting such concession. The Tribunal ruled that the appellants cannot engage in parallel proceedings in both the High Court and the Tribunal for challenging the same order, as it would amount to an abuse of the legal process. Therefore, the Tribunal dismissed the application for condonation of delay, leading to the dismissal of the appeal as time-barred.In conclusion, the judgment highlights the importance of choosing the appropriate forum for challenging legal orders and the significance of acting in good faith while pursuing legal remedies. The Tribunal's decision underscores the need for parties to adhere to procedural requirements and avoid engaging in multiple proceedings simultaneously to prevent the abuse of legal processes.
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