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TMI Blog2019 (3) TMI 1275X X X X Extracts X X X X X X X X Extracts X X X X ..... of continuance of trial in the original courts owing to stay granted in applications for intervention by appellate authorities in exercise of revisionary jurisdiction under the Code of Criminal Procedure, 1973 or under the inherent powers vested with the constitutional courts under Article 227 of the Constitution. The ambit of the decision of the Hon ble Supreme Court is restricted to one aspect of appeals and, that too, pertaining to trial courts. This Tribunal is not a trial court; it is an authority established to dispose off appeals at the first or second level, as the case may be. The stay ordered by Tribunal is on the recovery of amounts not covered by the pre-deposit determined then; the proceedings before the lower authorities had concluded and the jurisdiction of the Tribunal had been triggered by the filing of the appeals. After examining the amendments effected to section 35C of Central Excise Act, 1944, the power vested in the Tribunal to decide upon continuation of stay of operation of impugned order, in circumstances of the appellant being helpless in the matter of disposal of appeal, is clearly delineated there. Therefore, the proper course of action for the of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osal of the appeals, did not, in all cases, record specifically that the stay would continue till disposal of the appeal. He points out that the recovery proceedings now underway are aimed at such appellants. It is further submitted that Tribunal is likely to be swamped with similar applications in the coming days owing to this misadventure on the part of central excise authorities caused by disregard of the implied bar on recovery in all the orders that disposed off stay applications. 4. It appears to us that, omitting to peruse the observation in the concurring judgement to the effect that, 17.... A judgement has to be read as a whole... , the attention of the jurisdictional officers was inexorably drawn to the direction to 35.... In an attempt to remedy this, situation, we considered appropriate to direct that in all pending cases where stay against proceedings of a civil criminal trial is operating, the same will come to an end on expiry of 6 months from today unless in an exceptional case by a speaking order such stay is extended. for initiating steps to implement the said judgement of the Hon ble Supreme Court. 5. Had the officials concerned applied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in appropriate case to consider the challenge against an order framing charge and also to grant stay but how such power is to be exercised and when stay ought to be granted needs to be considered further. xxxxxx 29. It is well accepted that delay in a criminal trial, particularly in the PC Act cases, has deleterious effect on the administration of justice in which the society has a vital interest. Delay in trials affects the faith in Rule of Law and efficacy of the legal system. It affects social welfare and development. Even in civil or tax cases it has been laid down that power to grant stay has to be exercised with restraint. Mere prima facie case is not enough. Party seeking stay must be put to terms and stay should not be incentive to delay. The order granting stay must show application of mind. The power to grant stay is coupled with accountability. xxxxxxx 30. Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not prejudice the interest of speedy trial in a corruption case. Once stay is granted, proceedings should not be adjourned and concluded within two-three mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an appeal expected to be a continuation of a suit, it is so for the purpose of applicability of the provisions of the Code of Civil Procedure, 1908. A trial is quite distinct from an appeal, as a trial is an original proceeding, whereas an appeal is on appellate proceeding arising from the judgement and decree passed in original proceeding such as a suit. xxxxxxx It is necessary to observe that when once a superior Appellate Court has granted stay of the operation of the judgment and decree impugned before it in an appeal, the trial court cannot insist that despite such stay of the operation of the judgment and decree, it would execute the same. In such Cases, the trial Court or any other Court subordinate to the High Court cannot insist that there has to be a further order made by the High Court continuing the stay of such orders on the expiry of six months from the date on which stay order was passed. 9. We cannot put our seal of approval on such action, disregarding the applicability of the directions of the Hon ble Supreme Court as required to be done in that very judgement, by the officials who have chosen to intervene in matters that are yet pending in the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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