1994 (12) TMI 170

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.... : Shri Sanjeev Sachdeva, SDR, for the Appellant.  Shri A.N. Haksar, Senior Advocate and Shri Anish Ghoshal, Advocate, for the Respondents. [Order per : K. Sankararaman, Member (T)]. -  Collector of Central Excise, Chandigarh has filed this application for condonation of delay in respect of the Reference Application filed by him which in turn related to Order No. A/368 & 369/94-....

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....ion and putting it up. 2. Shri Sanjeev Sachdeva, learned Senior Departmental Represenative argued the matter on behalf of the applicant Collector. He referred to the date chart showing the action taken and pleaded that as the delay was due to the time taken for proper examination of the matter at different levels of officers in the collectorate and was unintentional, the same may be condoned an....

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....ed, the other party gets a vested right on the basis of the order passed and that right cannot be denied to it unless the delay is satisfactorily explained. Shri Haksar referred to the decision of the Honourable Supreme Court in Union of India v. Tata Yodogawa Ltd. - 1988 (38) E.L.T. 739 (SC) where the delay in filing the S.L.P. was not condoned by them and pleaded that the delay should not be con....

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.... 60 days, the matter had not been handled with any sense of urgency in a time-bound matter. The draft reference application is stated to have been put up by the dealing Assistant to the Superintendent concerned on 27-7-1994. The next movement is dated 9-8-1994 by way of marking the file to the Assistant Collector. Such routine delay at every stage does not merit condonation. The Reference Applicat....