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TMI Blog2019 (2) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... etionary, robbing it of substantial content. The failure of the CESTAT to adjudicate the petitioners appeal, in the opinion of this Court, is inexplicable. Its impugned order, is completely at variance with the directions in Manali Petrochemicals. The Court is also cognizant of the fact that the proceedings before the Supreme Court have not in any manner restrained CESTAT from performing its statutory duty of adjudicating on the appeals pending before it. The CESTAT s approach of washing its hands of the duty cast upon is, therefore, deprecated in the strongest terms. The impugned order is set aside and the appeals preferred by the petitioners before it are restored to the file of CESTAT - petition disposed off. - W.P.(C) 5920/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 9C [Final Order No.58242/2017] on the ground that the initiation and the final findings had been challenged initially through writ petitions by importer/consumer in India before this Court, and later before the Supreme Court by foreign manufactures/exporters. The CESTAT, therefore, rejected the present petitioner s appeals stating as follows: 3. In view of the above position, we note that we are not able to proceed with the above appeals. Therefore, by following our earlier order, we dispose of appeals along with Misc. application, with liberty to the appellants to come again after having the final verdict from the Hon ble Supreme Court within the prescribed time, if advised so. 4. With the aforesaid liberty, all the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surfeit of judgments and past wisdom, this court prefers to quote one decision, apt under the circumstances, of the Supreme Court, M/S Kranti Asso. Pvt. Ltd. Anr vs Masood Ahmed Khan Ors (2010) 9 SCC 496 , which observed as follows, after considering a welter of previous authorities: 47. Summarizing the above discussion, this Court holds: a. In India the judicial trend has always been to record reasons, even in administrative decisions, if such decisions affect anyone prejudicially. b. A quasi-judicial authority must record reasons in support of its conclusions. c. Insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be done it must also appear to be done ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciding is faithful to the doctrine of precedent or to principles of incrementalism. l. Reasons in support of decisions must be cogent, clear and succinct. A pretence of reasons or rubber-stamp reasons' is not to be equated with a valid decision making process. It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision making not only makes the judges and decision makers less prone to errors but also makes them subject to broader scrutiny. xxxx xxxx xxxx xxxx 10. Parliamentary intent in the creation of an appellate forum in respect of findings by the designated authority was to provide meaningful redress by a competent appellate body. The order impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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