2020 (11) TMI 686 - AT - Customs

Implementation of order passed by this Tribunal and for early hearing of the said application - restoration of CHA license not stayed - HELD THAT - In view of the fact that operation of the order dated 21.11.2019 has not been stayed or vacated by the higher appellate forum, the Revenue has left with no alternative, but to implement the order of the Tribunal in true letter and spirit. However, since it is contended that the order dated 21.11.2019 has already been appealed against by Revenue, we direct that the Revenue should obtained the stay order from the Hon ble Bombay High Court in staying operation of the order dated 21.11.2019, if any, or to implement the said order passed by the Tribunal on expiry of the period of one month. Registry is directed to list the matter for reporting compliance on 16.11.2020.

Summary

Issues: Implementation of Tribunal's Order, Stay Application by Revenue, Compliance with Higher Appellate Forum's Decision

In this judgment by the Appellate Tribunal CESTAT Mumbai, the applicant filed a miscellaneous application seeking implementation of an order dated 21.11.2019 passed by the Tribunal and early hearing of the said application. The applicant argued that the order restoring the CHA license had not been stayed or overruled by higher appellate forums. The Revenue had filed an appeal with a stay application before the Bombay High Court against the Tribunal's order, but the stay application had not been disposed of yet. The Tribunal noted that since the operation of the order had not been stayed by the higher appellate forum, the Revenue was obligated to implement the order. However, considering the appeal filed by Revenue, the Tribunal directed the Revenue to obtain a stay order from the Bombay High Court within one month or to implement the Tribunal's order after the expiry of the said period. The matter was listed for compliance on 16.11.2020.

This judgment addresses the issue of the implementation of a Tribunal's order, highlighting the importance of complying with decisions unless specifically stayed by a higher appellate forum. It also emphasizes the need for Revenue to obtain a stay order from the Bombay High Court if they wish to suspend the operation of the Tribunal's order. The Tribunal's decision reflects a balance between upholding the Tribunal's order and allowing the Revenue the opportunity to seek a stay from the higher court.

Overall, the judgment underscores the legal principle that unless a decision is stayed by a higher appellate forum, parties are bound to implement the orders of the Tribunal. It also clarifies the procedure for seeking a stay order from a higher court and the consequences of failing to obtain such a stay. The Tribunal's direction for compliance and the timeline provided demonstrate a structured approach to resolving the issue at hand while ensuring due process and fairness to all parties involved.