2003 (10) TMI 84 - AT - Central Excise

Summary

Issues: Delay in listing applications for hearing before the Tribunal.

1. The judgment addresses the issue of delay in listing applications for hearing before the Tribunal. The appellants had filed applications for condonation of delay in two cases, one filed in March 1998 and the other in January 1999. However, despite the long period since filing, these applications were not listed for several years. The judgment highlights the lack of chronological listing of short matters by the Registry at Mumbai and emphasizes the importance of transparency in the functioning of the Tribunal. It directs the Registrar to conduct a thorough inspection of the Registry to identify pending applications and appeals that have not been listed in chronological order. The Registrar is given a timeline of three months to submit a report on the inspection findings.

2. The judgment notes that the applicants were not present during the hearing. The Department's representative informed the Tribunal that the delay in filing the appeal was 86 days in one case and 37 days in the other. Despite the significant delay in listing the applications before the Bench, with one case pending for over 5 1/2 years and the other for over 4 1/2 years, the Tribunal allowed both applications and condoned the delay in filing the appeals. The regular hearing for both cases was scheduled for a specific date.

3. Additionally, the judgment instructs that a copy of the order should be sent to the Registrar to initiate the suggested actions, emphasizing the need for timely and efficient listing of appeals and applications before the Tribunal to ensure the proper functioning and transparency of the judicial process.