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2022 Supreme(Online)(SC) 765

SUPREME COURT
Sanjay Kishan Kaul, Krishna Murari, JJ.
Secure Mobile (India) – Appellant
Versus
CCE – Respondent


Table of Content
1. background of the case with dates and pending instances. (Para 1)
2. court's view on delay and responsibility for financial stakes. (Para 2 , 3)
3. requirements for accountability and timely action from authorities. (Para 4 , 5)
4. court sets a follow-up date. (Para 6)

1. The impugned order was passed by the CESTAT on 20-5-2019, (Secure Mobile (India) v. CCE, 2019 SCC OnLine CESTAT 9223), and the proposal is stated to have been sent by the applicant to the Ministry of Finance on 6-1-2020, after six months. The plea raised by the learned counsel for the petitioner is that similar matters are pending in Civil Appeal No. 6550 of 2015 and other connected matters.

2. Merely because similar matters are pending is not a ground to grant leave and take the matter when the authorities have been negligent in filing the appeal. We have repeatedly emphasised that unless the case is brought within the parameters of Postmaster General v. Living Media (India) Ltd., 2012 (3) SCC 563 : 2012 (2) SCC (Civ) 327 : 2012 (2) SCC (Cri) 580 : 2012 (1) SCC (L&S) 649, we would not be inclined to condone the delay and have in fact dismissed the special leave petitions with costs categorising them





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