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TMI Blog2020 (2) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... inter-se the Members presiding the said bench it is post pronouncement but before signing the said final order and it was in the interest of justice that the opportunity to both the parties was given to put-forth their stand about the acceptance or denial of those observations in para 12 of the impugned final order. Once the appellant opted to not to appear for the purpose, the final order of 5 March 2019 is definitely a judgment as was pronounced in the open court which should have been operated since the day of its pronouncement. Appeal dismissed. - Customs Appeal No. 52044 of 2018 - FINAL ORDER NO. 50121/2020 - Dated:- 8-1-2020 - HON BLE SHRI C.L. MAHAR, MEMBER (TECHNICAL) AND HON BLE MRS. RACHNA GUPTA, MEMBER (JUDICIAL) Non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is further observed that the several effective opportunities have been given to the appellant to submit as to whether there is any apparent contradiction between the decision as was pronounced in this case and the other decision pronounced by the another coordinate bench. But it is observed that the appellant is not marking appearance. Every time a stereo typed written request mentioning the Counsel of the appellant is out of station is being repeatedly filed. This bench made an observation vide order dated 21/06/2019, 01/08/2019, 06/08/2019, 30/08/2019, 26/09/2019 and 15/10/2019. Today also a written request for adjournment has been received by this bench from the Counsel of the appellant with the request as follows :- It is req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12 of the impugned final order. Once the appellant opted to not to appear for the purpose, the final order of 5 March 2019 is definitely a judgment as was pronounced in the open court which should have been operated since the day of its pronouncement. Resultantly, we are of the opinion that no further finding is required for the disposal of the appeal which already stands dismissed on the same ground as being discussed in the final order. We draw our support from the decision of Apex court in the case of Surender Singh and others versus The State of Uttar Pradesh [1954] 5 S.C.R. 330, wherein the question of judgment to be a valid one in a situation where it was signed post being delivered in the open court came for consideration it was he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcept to say that it must be done in a judicial way in open court. But, however, it is done, it must be an expression of the mind of the court at the time of delivery. We say this because that is the first judicial act touching the judgment which the court performs after the hearing. Everything else until then is done out of court and is not intended to be the operative act which sets all the consequences which follow on the judgment in motion. Judges may, not often do, discuss the matter among themselves and reach a tentative conclusion. That is not their judgment. They may write and exchange drafts. Those are not the judgment either, however, heavily and often they may have been signed. The final operative act is that which is formally de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Order 20, rule 3 of the Code of Civil Procedure give power to the Court to make alterations/additions in a judgment so long as the judgment has not been signed, but that power should be exercised judicially, sparingly and for adequate reasons. When a judgment is pronounced in the open court, the parties act upon it and conduct their affairs on the basis that it is in judgment of the court and that the signing of the judgment is a formality to follow. A judgment to be operative does not await the signing thereof by the court. If what is pronounced in the court is not acted upon, the litigants would be prejudiced; their confidence in the judicial process would be shaken. A judgment pronounced in the open court should be acted upon unless ..... X X X X Extracts X X X X X X X X Extracts X X X X
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