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SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, J.
Chairman, Central Board of Dir. Tax & Ors - Petitioners
Versus
Aft Trust Sub-1 - Respondent
Petition(s) for Special Leave to Appeal (C) CC No(s) 17560-17562 of 2016
Decided on : 03-04-2017
Delay - Special Leave Petitions - Dismissal on Ground of Delay and Non-Prosecution
Fact of the Case:
The Special Leave Petitions were filed with a delay of 176 days and a refiling delay of 2630 days. The petitioners were still in default in filing proof of service to caveator.
Finding of the Court:
The court found that the petitioners' inaction amounted to gross negligence, and there was no ground to condone the delay. Consequently, the Special Leave Petitions were dismissed on the ground of delay and non-prosecution.
Issues: Delay in filing Special Leave Petitions, Non-prosecution
Ratio Decidendi: Gross negligence in taking steps, failure to file proof of service, no ground to condone the delay
Final Decision: Special Leave Petitions dismissed on the ground of delay and non-prosecution
ORDER :
SANJAY KISHAN KAUL, J.
1. The Special Leave Petitions against the impugned order dated 05.09.2008 have been filed with a delay of 176 days and thereafter also, the refiling delay is 2630 days. The office Report states that the petitioners are still in default in filing proof of service to caveator.
2. On the learned counsel for the respondent protesting against such continued inaction of the petitioners, the counsel for the petitioners states "so what".
3. It is a case of gross negligence in taking steps, thus, there is no ground to condone the delay and consequently, the Special Leave Petitions are dismissed on the ground of delay and non-prosecution.
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