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2024 (12) TMI 524 - AT - Central ExciseRequest for adjournment not accepted - non prosecution in terms of Rule 20 of CESTAT Procedure Rules, 1982 - Applicability of Section 35C (1A) of the Central Excise Act, 1944 - HELD THAT - In case of ISHWARLAL MALI RATHOD VERSUS GOPAL AND ORS. 2021 (9) TMI 1301 - SUPREME COURT condemning the practice of adjournments sought mechanically and allowed by the Courts/Tribunal s Hon ble Supreme Court has observed ' the court shall be very slow in granting adjournments and as observed hereinabove they shall not grant repeated adjournments in routine manner. Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put by the litigants in the Justice delivery system is not shaken and Rule of Law is maintained.' There are no justification for adjourning the matter beyond three times which is the maximum number statutorily provided - The Appeal is dismissed for non prosecution in terms of Rule 20 of CESTAT Procedure Rules, 1982.
Issues Involved:
1. Request for adjournment beyond the statutory limit. 2. Application of Section 35C (1A) of the Central Excise Act, 1944. 3. Application of Rule 20 of CESTAT Procedure Rules, 1982. 4. Judicial stance on repeated adjournments and its impact on justice delivery. Issue-wise Detailed Analysis: 1. Request for Adjournment Beyond the Statutory Limit: The primary issue in this case was the appellant's repeated requests for adjournments. The appeal had been listed for hearing on multiple occasions, specifically on 10.05.2024, 10.07.2024, 04.10.2024, and the current date. The appellant's counsel had consistently sought adjournments, which led to the tribunal's decision to deny further requests. The tribunal referred to the order sheet from the previous hearing on 04.10.2024, which clearly stated that no further adjournments would be entertained beyond the third time, as per the statutory provisions. 2. Application of Section 35C (1A) of the Central Excise Act, 1944: Section 35C (1A) of the Central Excise Act, 1944, was central to the tribunal's decision. This section allows the Appellate Tribunal to grant adjournments if sufficient cause is shown, but it explicitly limits such adjournments to a maximum of three times during the hearing of an appeal. The tribunal emphasized this statutory limit, noting that the appellant had already exhausted the permissible number of adjournments, thus justifying the denial of further requests. 3. Application of Rule 20 of CESTAT Procedure Rules, 1982: Under Rule 20 of the CESTAT Procedure Rules, 1982, if an appellant fails to appear on the scheduled hearing date, the tribunal has the discretion to either dismiss the appeal for default or decide it on merits. The rule also provides for the restoration of an appeal if the appellant later shows sufficient cause for non-appearance. In this case, the tribunal opted to dismiss the appeal for non-prosecution, as the appellant failed to appear and had already been granted the maximum number of adjournments. 4. Judicial Stance on Repeated Adjournments and Its Impact on Justice Delivery: The tribunal referenced several judicial precedents condemning the misuse of adjournments, highlighting the negative impact on the justice delivery system. The judgment cited the Supreme Court's observations in various cases, emphasizing that repeated adjournments undermine the efficacy of the judicial process and erode public confidence in the system. The tribunal underscored the need for courts to be diligent and avoid contributing to delays by granting adjournments mechanically. It was noted that such practices are contrary to the principles of speedy justice and can lead to a loss of faith in the rule of law. In conclusion, the tribunal dismissed the appeal due to non-prosecution, adhering to the statutory limits on adjournments and reinforcing the judicial mandate for timely justice. The decision reflects a broader judicial sentiment against the culture of adjournments and underscores the importance of adhering to procedural rules to maintain the integrity of the justice system.
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