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Judgment
K.A. Puj, J.—The applicant-Commissioner of Central Excise & Customs, Daman has filed these applications for restoration of Tax Appeal
stamp Nos. 394, 397, 395, 398, 299 & 400 of 2009 to the file of this Court. The applicant has also prayed for condonation of delay of 116 days
caused in filling all these applications for restoration of the Tax Appeals.
There are certain office objections in the Tax Appeal which were ordered to be removed by this Court vied order dated 27-8-2009, within two
weeks from the date of the said order. The Court has made it clear that if the office objections were not removed by that time, the matter would
stand dismissed for want of prosecution. Since the office objections were not removed, all these matters were dismissed for want of prosecution.
Mr. R.M. Chhaya, learned Standing Counsel appearing for the applicant has submitted that because of communication gap of the office of the
applicant and his clerk, office objections which were minor in nature could not be removed in time. Hence, the order was passed dismissing the
appeals.
We have considered the submissions and found substance therein. Delay has also been properly explained. Accordingly, all these Misc. Civil
Applications are allowed. Tax Appeals are restored to file on condition that the office objections will be removed by the applicant on or before
25-1-2010.
If the office objections are removed on or before 25-1-2010, office is directed to place all these Tax Appeals for admission hearing on 27-1-
2010, after giving them pakka number.
All these applications are accordingly disposed of.
Registry is directed to place copy of this order in each application.