High Court Kerala High Court

State Of Kerala Rep. By vs M/S.Indian Rare Earths Ltd on 25 January, 2008

Kerala High Court
State Of Kerala Rep. By vs M/S.Indian Rare Earths Ltd on 25 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST Rev No. 392 of 2004()


1. STATE OF KERALA REP. BY
                      ...  Petitioner

                        Vs



1. M/S.INDIAN RARE EARTHS LTD.,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :.

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH

 Dated :25/01/2008

 O R D E R
                           H.L.Dattu,C.J. & K.M.Joseph,J.
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          S.T.Rev.No.392 of 2004 & C.M.Appln.No.1047 of 2004
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                      Dated, this the 25th day of January, 2008

                                            ORDER

H.L.Dattu,C.J.

State has filed this revision petition, being aggrieved by the

orders passed by the Kerala Sales Tax Appellate Tribunal,

Thiruvananthapuram in T.A.No.633 of 1997 dated 24th September, 2001.

(2) In filing the revision petition, there is a delay of nearly 738

days.

(3) To condone the delay in filing the revision petition, the State

has filed an application under section 5 of the Limitation Act. Along with that

application an affidavit is also filed.

(4) A perusal of the affidavit would clearly demonstrate that the

revision petitioner has filed a printed form, with some details here and there.

The way in which the application and the affidavit is filed shows the casual

attitude of the petitioner in filing the application for condonation of delay in filing

the revision petition.

(5) Secondly, we have also gone through the affidavit. In the

said affidavit except stating that the papers were moving from table to table

and person to person, no other satisfactory explanation is offered by the

revenue to condone the delay in filing the revision petition.

(6) The explanation offered by the petitioner for condonation of

the delay in filing the Sales Tax Revision case is wholly unsatisfactory.

Therefore, the delay in filing the revision petition cannot be condoned by us.

S.T.Rev.392/2004 – 2 –

Accordingly the application for condonation of delay requires to be rejected

and it is rejected.

(7) Consequently the revision petition is also rejected.

Ordered accordingly.

H.L.Dattu
Chief Justice

K.M.Joseph
Judge
vku/-