2010 (5) TMI 259 - AT - Central Excise

Appeal- Tribunal granting stay and posting matter for early hearing in May 2001. Against this, High Court granting stay in August 2001 to assessee but without prejudice to contention of department. Thereafter, appeal getting adjourned till date and last date of hearing in writ petition being in June 2004. Department writing several letters to its standing counsel in High Court till May 2010, for disposal of stay, but not getting any response. Matter directed to be bought to attention of Registrar of High Court for disposal of the matter at the earliest, with copies of order passed by Tribunal, High Court and letter written by department to standing counsel.

Issues:
1. Stay application disposal and early hearing directive by the Tribunal.
2. Writ petition filed against stay order by the assessee.
3. Adjournments of appeals and pursuit of early disposal of Writ Petition by the Department.
4. Need for expeditious disposal of appeals related to the year 2000.
5. Directions to the Assistant Registrar for forwarding necessary documents to the Registrar at New Delhi.

Analysis:
1. The Tribunal, in an order dated 8th of May 2001, observed the necessity for early hearing in certain appeals and directed them to be listed for final hearing on 29th and 30th May 2001 after disposing of the stay application. The assessee then approached the Hon'ble High Court of A.P. against the stay order, resulting in an interim stay granted on 28th August 2001, with a specific mention that the stay is without prejudice to the contentions of the Department.

2. Records indicate that the appeals have been continuously adjourned since then. The Department has been actively pursuing the early disposal of the Writ Petitions, which were last listed for hearing on 28th June 2004. The Department has been in communication with the Central Govt. Standing Counsel at Hyderabad to expedite the process, with letters sent from 22nd January 2003 to 17th May 2010. However, there has been no response regarding the progress on disposal of the stay petitions or vacating the stay.

3. Given the circumstances surrounding the appeals related to the year 2000, the CESTAT deemed it necessary to bring these facts to the attention of the Registrar of the Hon'ble High Court of A.P. for expeditious disposal of the petitions. The Assistant Registrar at Bangalore was directed to forward relevant orders and letters to the Registrar at New Delhi within three days, with the appeals adjourned to 13th July 2010.

4. The Tribunal's directive highlights the importance of timely resolution of legal matters to ensure efficient disposal of appeals. The involvement of the High Court and the Department in pursuing the early disposal of the Writ Petitions signifies the significance of procedural expediency in legal proceedings. The need for coordination between different legal entities is crucial for the smooth functioning of the judicial process and timely resolution of disputes.

5. The Assistant Registrar's role in facilitating the communication between the Tribunal, High Court, and the Department underscores the administrative support required for the effective handling of legal cases. By following the directives to forward necessary documents promptly, the Assistant Registrar contributes to streamlining the process and enabling the timely resolution of the pending appeals, thus emphasizing the importance of administrative efficiency in legal proceedings.

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