2013 (11) TMI 395 - HC - Service Tax

Repeated adjournment of the matter reserved by the Tribunal on 26-5-2011 pending for pronouncement - Held that - While expressing our unhappiness on this state of affairs prevailing in the Tribunal, we request the Tribunal to expedite the hearing of the appeal since it was already heard once and judgment reserved.

Summary

Issues: Delay in delivering judgment by the Customs, Excise and Service Tax Appellate Tribunal

In this judgment by the Andhra Pradesh High Court, the issue revolves around the delay in delivering the judgment by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore. The respondent, M/s. Ramky Infrastructure Limited, had filed an appeal which was heard on 26-5-2011, and the judgment was reserved. However, as of 8-2-2012, the judgment had not been delivered despite almost seven to eight months passing. The Tribunal had not passed final orders, but instead, the case was reopened for fresh hearing due to a change in the Bench. The appeal was listed for hearing on 16-12-2011 but was adjourned to 20-2-2012, which was a holiday. The Tribunal was urged to expedite the hearing of the appeal as it had already been heard once and judgment reserved. The High Court expressed its dissatisfaction with the delay and listed the matter again on 28-3-2012.

This judgment highlights the importance of timely delivery of judgments by tribunals to ensure efficient administration of justice. The delay in this case caused inconvenience to the parties involved and reflects poorly on the functioning of the Tribunal. The High Court's intervention underscores the need for expeditious resolution of legal matters once they have been heard and judgment reserved. The Tribunal was directed to prioritize the case and expedite the hearing process to avoid further delays and uphold the principles of justice and fairness.

Overall, the judgment emphasizes the significance of adherence to timelines in legal proceedings and the responsibility of tribunals to ensure timely delivery of judgments. Delays in the justice delivery system can have serious implications for litigants and erode public trust in the legal system. The High Court's directive to expedite the hearing serves as a reminder to all judicial bodies to prioritize efficiency and uphold the fundamental right to a speedy trial. It also underscores the need for effective case management to prevent unnecessary delays and ensure the swift resolution of legal disputes.