2019 (2) TMI 1098

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....3.2014 (Annexure P-3), was dismissed. In nutshell, petitioner field a complaint against respondents, which after holding trial was dismissed vide judgement Annexure P-3 discharging all the accused-respondents. Being dis-satisfied, the petitioner approached the lower Revisional Court by filing revision (Annexure P-5) along with an application for condonation of delay of 110 days, on the ground that there was a confusion as to where the revision had to be filed. The local empanelled Advocate, had advised them to file revision before this Court. Therefore, the same was sent to their empanelled Advocate of this Court. However, he returned the file with advice to file revision before the lower Revisional Court. In this process, delay of 110 d....

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....is no loss to the State Exchequer, inasmuch as, demand of the petitioner has been dropped by the Customs Excise and Service Tax Appellate Tribunal, (for short -'the Tribunal') vide order dated 30.03.2015. From this angle too, the instant petition is liable to be dismissed. Having given anxious consideration to the rival submissions, this Court finds the instant petition completely devoid of any merit for the reasons to follow: The demand raised by the petitioner has already been dropped/cancelled by the Tribunal vide order dated 30.07.2015. Therefore, the petitioner ought not to have filed the instant petition. Despite knowledge of above said fact, filing of instant petition by the petitioner, his mala fide action with some ulte....