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TMI Blog2002 (11) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... Wadhwa, Shri S.S. Sekhon, JJ. REPRESENTED BY : S/Shri B.N. Chattopadhyay, Consultant, P. Chowdhury and K.K. Banerjee, Advocates , for the Appellant. S/Shri T.K. Kar, SDR and A.K. Mondal, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. These miscellaneous applications have been filed by the appellants seeking implementation of this Tribunal s decisions, in certain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal the order need not be implemented. We do not share this view of the field officers. It is well settled law that under the principles of judicial discipline the orders of the higher Tribunal should be implemented until an order staying the order has been obtained. The mere fact that a reference/appeal has been filed or is proposed to be filed would not a veil to cover the non-implementatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such Miscellaneous Applications practically everyday. It is not understood why the Tribunal s orders are not being implemented. 4. Surely these must be a system in place to keep a watch on re-adjudication cases. The Hon ble Madras High Court had held that in such cases the appellants are entitled for interests. In the case of M/s. Max India Ltd. [2001 (129) E.L.T. 233 = 2001 (43) RLT 793] that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sent to the concerned Chief Commissioner, who will initiate suitable action on the officers for not implementing the Tribunal s orders, inspite of the Board instructions as regards the refund of deposits. 6. We earnest hope and expect the Chief Commissioners to take such steps in the matter as would be necessary to get such cases expedited, so that the appellants are not sent to from pillor to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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