2006 (9) TMI 325 - AT - Central Excise

Summary

Issues:
1. Listing of appeals filed against the same impugned order by different appellants.
2. Registry's responsibility in listing cognate appeals together.
3. Direction to the Registrar regarding cognate appeals against the same order.
4. Adjournment of appeals and stay applications.

Analysis:

The judgment addresses the issue of listing appeals filed against the same impugned order by different appellants. The counsel highlights that the impugned order pertains to 17 parties, including the appellant in question. The court notes the need for all appeals related to the same order to be listed together by the Registry, emphasizing that even if some appeals have defects, these should be mentioned in the remarks column. This ensures a systematic approach to handling multiple appeals arising from a common order.

Furthermore, the judgment directs the Registrar to take responsibility for ensuring that cognate appeals against the same order are appropriately brought to the court's attention. The Registrar is instructed to mention the existence of related appeals in the remarks column of the Cause List, thus facilitating a coordinated consideration of interconnected cases. This directive aims to streamline the judicial process and avoid inconsistencies in dealing with similar matters.

In light of the above considerations, the court adjourns both appeals along with their respective stay applications to a specified date. The Registry is specifically instructed to include all cognate matters stemming from the impugned order on the Cause List for the designated date. Additionally, any appeals under defect should be clearly indicated in the remarks column, ensuring transparency and efficiency in managing related cases. This decision reflects the court's commitment to maintaining procedural fairness and coherence in handling appeals involving common issues or origins.