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2017 Supreme(Mad) 2003

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
Triveni Alloys Ltd. – Appellant
Versus
Customs, Excise and Service – Respondent


Advocates Appeared:
For the Appellant : Mr. K. Jayachandran.

JUDGMENT :

S. MANIKUMAR, J.

1. Final order has been passed on 10.05.2002. Instant CMA Sr. No.3611 of 2007, has been filed against the order of the Customs, Excise and Service Tax Appellate Tribunal, Chennai dated 30.05.2002 in Appeal No.E/721/2001 with a delay of 1527 days.

2. Explaining the enormous delay, at paragraph No.6, the Director of the petitioner-company has averred as follows:

"6. I respectfully submit that due to closure of the mill, entire staff left the company and the order which could have been served on the security staff was not brought to the notice of the persons in charge like the Directors of the Company. When the deponent met their counsel in the last week of December, 2006, the counsel informed that the petitioner had not given instructions for further action against the order dated 10.05.2002 passed by the 1st respondent. Immediately, steps were taken to file the present appeal. Taking into account the date of signing of the order by the officer of the 1st respondent on 30.5.2002, the last date for filing the appeal expired on 1.12.2002. The appeal has been filed on 9.1.2007 and thus there is a delay of 1527 days in filing the above appeal. The reason for delay



























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