2024 (1) TMI 1413 - SC - Customs

Failure on the part of CESTAT to follow the judicial discipline by deciding the cases finally when the matter was pending before this Court - HELD THAT - Such kind of aspersions not approved being cast on the CESTAT or any other Tribunal/Court. Merely because the matter is pending before this Court as long as there is no direction not to hear similar cases before other Tribunals/Courts passed by this Court the pendency of a matter before this Court would not come in the way of other Tribunals/Courts deciding similar case. Issue notice to the respondent.

Summary

The Supreme Court of India, comprising Justices B.V. Nagarathna and Augustine George Masih, addressed a petition where the petitioner sought to tag their case with a similar pending matter, C.A. No. 9725/2014. The respondent's counsel highlighted that the petitioner criticized the CESTAT for allegedly not adhering to judicial discipline by deciding cases while a related matter was pending before the Supreme Court. The Court disapproved of such criticisms, stating, "Merely because the matter is pending before this Court as long as there is no direction not to hear similar cases before other Tribunals/Courts passed by this Court, the pendency of a matter before this Court would not come in the way of other Tribunals/Courts deciding similar case." The petitioner was allowed to file an application to remove the contentious remarks within four weeks. The Court condoned the delay, issued a notice to the respondent, and agreed to tag the case with C.A. No. 9725/2014.