2014 (11) TMI 669

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..... sons Award under Arbitration Act was bad per se, was pending consideration by Constitution Bench of the Hon’ble Supreme Court and therefore, it was averred that courts should wait adjudication on the aforesaid point by the Constitution Bench. The Hon’ble Supreme Court did not accept the said contention and opined that pendency of the aforesaid question would not postpone all the decisions by the Court. The Hon’ble Supreme Court observed that one of the cardinal principles of administration of justice is to ensure quick disposal of the disputes in accordance with law, justice and equity. The Hon’ble Supreme Court further observed that the justice between the parties in a particular case should not be in a suspended animation. - No substantia .....

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..... CESTAT i.e. decisions of the Hon ble Supreme Court in the case of Commissioner of C. Ex. v. Gujarat Narmada Fertilizers Co. Ltd., reported in 2009 (240) E.L.T. 661 (S.C.) and in the case of Maruti Suzuki Ltd. v. Commissioner of Central Excise, Delhi-III, reported in 2009 (240) E.L.T. 641 (S.C.), are referred to Larger Bench by another Division Bench of the Hon ble Supreme Court in the case of Ramala Sahkari Chini Mills Ltd. v. Commissioner of C.Ex., Meerut-I, reported in 2010 (260) E.L.T. 321 (S.C.) and in the case of C.C.E., Vadodara v. Gujarat Narmada Valley Fertilizers Co. Ltd., reported in 2012 (286) E.L.T. 481 (S.C.) and therefore, the learned CESTAT ought not to have relied upon the aforesaid two decisions and ought not to have dispo .....

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..... In the case of State of Rajasthan v. M/s. R.S. Sharma and Co., reported in (1988) 4 SCC 353, a question arose, whether question pending decision of Larger Bench of Supreme Court meanwhile particular case to be decided on the basis of present position of law or not. In the case before the Hon ble Supreme Court the question whether on the ground of absence of reasons Award under Arbitration Act was bad per se, was pending consideration by Constitution Bench of the Hon ble Supreme Court and therefore, it was averred that courts should wait adjudication on the aforesaid point by the Constitution Bench. The Hon ble Supreme Court did not accept the said contention and opined that pendency of the aforesaid question would not postpone all the decis .....

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