In a major relief to Reliance Jio Infocomm, the Supreme Court dismissed appeal filed by the Customs Department.
The senior counsel for the respondent/caveator that there is a huge delay of 526 days in filing this appeal. Drawing out attention to the application seeking condonation of delay, it was submitted that there is no explanation whatsoever for the huge delay in filing this appeal inasmuch as what has transpired between 25.08.2022 and 18.07.2023 has not been explained.
A Two-Judge Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan observed that “In the circumstances, learned senior counsel appearing for the respondent/caveator submitted that the appeal may be dismissed purely on the ground of delay and on that ground, the appeal may not be entertained. The counsel for the appellant also agrees that there is no averment as to what has happened between the aforesaid two dates.”
“The Civil Appeal is hence dismissed on the ground of delay, keeping open the questions of law which arise, to be agitated in any other appropriate case” the Court concluded.
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