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Supreme Court of India · body

1997 DIGILAW 1531 (SC)

Collector Of Central Excise v. Cellulose Products India

1997-10-20

D.P.WADHWA, SUJATA V.MANOHAR

body1997
JUDGMENT : 1. These applications are misconceived because they seek a review of our Order dated 11-8-1997. Even if these applications are treated as review applications, there is no merit in them. Under the order dated 20-3-1997, the amount was required to be paid within eight weeks as a condition for condonation of delay of 755 days in filing the appeals. On 4-4-1997, the office sent a letter to Mr. V.K. Verma, Advocate-on-record for the appellants informing him that he must advise the office regarding the payment of the amount and file the proof of payment before 15-5-1997; 15-5-1997 being the date on which eight weeks would be expiring. There was no response to this letter. There is also an office report dated 28-5-1997 saying that the time granted has expired on 14-5-1997 and the Civil Appeals are listed for formal disposal with this report. A copy of this report was served on the advocate-on-record for the appellants. No action was taken by the advocate for the appellants. There is the next office report of 24-7-1997 which is also served on the advocate for the appellants in which it is again stated that proof of payment of Rs. 10,000/- has not been filed. Despite this office report, nothing was done till 11-8-1997 when the order was passed dismissing the appeals. 2. If a cheque had been sent to the Accounts Department on or around 14-5-1997, we fail to see how despite several reminders nothing was done to make the payment. We do not find the explanation satisfactory and see no reason to review the order which we had passed on 11-8-1997. 3. The applications are accordingly dismissed.