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UNION OF INDIA & ORS. versus VISVESWARAYA IRON & STEEL LTD.

Citation: [1987] 1 S.C.R. 367 · Decided: 24-11-1986 · Supreme Court of India · Bench: P.N. BHAGWATI, RANGANATH MISRA · Disposal: Dismissed

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Judgment (excerpt)

368 
SUPREME COURT REPORTS 
[1987] l S.C.R. 
A 
mentioned as 22nd July, 84) and it was aft" a period of two months, on 29th 
September, 1984 that the certified copy was despatched by the Collector of 
Central Excise to the Ministry of Finance. The Ministry of Finance referred the 
Case to the Central Agency Section on l ith October, 1984. But the Central 
Agency Section sent back the case to the Ministry of Finance with the remark 
that the same should be sent to the Ministry of Law. This process of realisation 
B 
that the case should have been referred to the Ministry of Law and not to the 
Ministry of Finance took about 24 days and thereafter, again, some time was 
taken up at the subsequent stages. The learned Additional Solicitor General 
gave his opinion on 18th December, 1984 It.at the special leave petition should be 
filed. But even thereafter, there was a delay of more than a month and a halfand 
on 7th July, 1985, a special leave petition was filed without offering any 
C 
explanation for this delay at three stage,;. The Learned Additional Solicitor 
General requested us to give him an oppo1tunity to file a supplemental affidavit 
explaining the delay at the three stages. But we do not see why any further time 
should be granted to the petitioners tcยท file a supplemental affidavit. The 
application 'for condonation of delay wa,; made on 7th January, 1985 and we 
D 
are now in November 1986 and the petitioners thus had a period of about one 
year and nine months to rectify the defect by filing a supplemental affidavit but 
the petitioners have failed to do so. We do. not under the circumstances find any 
justification for condoning the delay and the application is. therefore rejected 
and so is the Special Leave Petition. 
E 
S.R. 
Petition dismissed. 
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