By TIOL News Service

MUMBAI, APR 10, 2016: THIS is a Miscellaneous application filed by the applicant in respect of assessed duty in final order in appeal No. C/1070/97-Mum.

It is the submission of the applicant that while passing the final order no. CII/3085-86/WZB/2002, dated 18/10/2002 the Tribunal had not considered his matter in its correct perspective.

The Bench observed that the applicant instead of pursuing available legal remedies against its final order dated 18.10.2002 had filed various miscellaneous applications which were all disposed of by the tribunal and the last miscellaneous application was also disposed of by order no. A/2043-44/13/CSTB/C-I wherein the bench recorded as under -

"We find that vide order dated no. CII/3085-86/WZB/2002, dated 18/10/2002, the appeals have been dismissed by the Tribunal as the same have been dismissed by the Commissioner (Appeals) on the ground of limitation. Thereafter the appellant filed one Rectification of mistake application and three miscellaneous applications and the same were also dismissed vide orders dated 5.12.2002, 23.8.2004, 24.12.04 and 24.6.2005. As the appeals have been dismissed and thereafter the ROM application and the miscellaneous applications have also been dismissed therefore, no further action is required in these appeals."

Noting that the applicant is repeatedly filing vague miscellaneous applications and had not been able to bring out any issue for consideration of the bench, the instant application was dismissed as being devoid of merits.

In passing: Perhaps, imposition of costs can help unclog the Registry pendency arising due to such perfunctory applications…

(See 2016-TIOL-847-CESTAT-MUM)