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February 2016

Tribunal – Early hearing – Application must be considered :

By Dr. K. Shivaram
Senior Advocate; Ajay R. Singh
Advocate
Reading Time 1 mins
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Payadhi Foods P. Ltd. vs. UOI 2015 (325) ELT 705 (Cal.) (HC)

The Petitioner filed an application for early hearing of a pending appeal before the CESTAT which was dismissed on the ground that the appeal would be considered in due course.

The Hon’ble court observed that the appeal which was filed in the year 2010 had not reached to its logical conclusion as yet. The Court observed that though it was not oblivious of the reality where the docket of the Tribunal is burdened with enormous litigation filed before it, but equally this Court cannot lose sight of the responsibilities of the statutory authority to render justice effectively and expeditiously. When an application is taken out seeking for an early hearing of the said appeal, the Tribunal ought to have fixed the date but should not have thrown the said application at the threshold that it will be taken up in due course. The court observed that the justice would be sub-serve if the CESTAT is directed to fix up a date and hear out the said appeal within the time frame.

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