COMMISSIONER OF CENTRAL EXCISE Vs. BHARAT BIJLEE LTD

JUDGEMENT

(1.) Having heard both sides, we do not find that the reasons set out for the delay in the affidavit in support can be termed as satisfactory or reasonable. It is equally the duty of a litigant may be the State or the Central Excise Department to follow up the matters with the Registry of this Court. The State officials cannot blame the Advocates for alleged inaction or lack of communication. It is their duty to contact their Advocates and keep track of all pending matters. We hope that the Deponent of this affidavit, wherever she is posted, takes such steps. Equally, this would be a reminder to all officials of the Central Excise Department that they must look into all pending files and legal matters and wherever there is lapse or inaction on their part or of the Advocate, take proper steps. We do not find that the reasons and which are routinely mentioned and set out can be accepted in the facts of this case. The Notice of Motion is therefore dismissed.