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TMI Blog2024 (12) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... n prosecution in terms of Rule 20 of CESTAT Procedure Rules, 1982. - HON BLE MR. SANJIV SRIVASTAVA, MEMBER (TECHNICAL) Request for adjournment, for the Appellant Shri Santosh Kumar, Authorised Representative for the Respondent ORDER In this matter Counsel has requested for adjournment, which cannot be accepted. This appeal has been listed for hearing on 10.05.2024, 10.07.2024, 04.10.2024 and for today. The Counsel for the appellant has only sought for adjournments in the matter. The text of the order sheets on the previous occasions is reproduced below: DATE OF HEARING : 04/10/2024 ORDER SHEET Learned counsel for the Appellant have requested for adjournment stating that he is out of station due to some family function. Matter is being adjourned today for the third time. Earlier it was adjourned on 30.05.2024 and 10.07.2024. Taking note of the fact that more than three adjournments cannot be granted. It is made clear that this last adjournment is being granted to the Appellant. No further request for adjournment on any account would be entertained. Matter adjourned to 11.11.2024. 2.0 Section 35C (1A) of the Central Excise Act, 1944 provides as follows- 35C. Orders of Appellate Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given to the defendant to cross examine the plaintiff s witness, they never availed of the same and went on delaying the proceedings by repeated prayers of adjournment and unfortunately the Trial Court and even subsequently the High Court continued to grant adjournment after adjournment and as such contributed the delay in disposal of the suit which as such was for eviction. Such approach is wholly condemnable. Law and professional ethics do not permit such practice. Repeated adjournments on one or the other pretext and adopting the dilatory tactics is an insult to justice and concept of speedy disposal of cases. Petitioner defendant acted in a manner to cause colossal insult to justice and to concept of speedy disposal of civil litigation. 5. Grant of repeated adjournments in routine manner and how it affects ultimately the justice delivery system as such came to be considered by this court in catena of decisions and asking/grant of repeated adjournments have been repeatedly condemned by this court. 5.1 In the case of Shiv Cotex v. Tirgun Auto Plast (P) Ltd. (2011) 9 SCC 678, it is observed and held in paragraphs 14 to 17 as under: 14. Is the court obliged to give adjournment afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... using very harsh words and condemning the repeated adjournments sought by the lawyers and granted by the courts, this court has observed in paragraph 1, 12, 13, 27 and 28 as under : 1. In a democratic body polity which is governed by a written Constitution and where the Rule of Law is paramount, the judiciary is regarded as sentinel on the qui vive not only to protect the fundamental rights of the citizens but also to see that the democratic values as enshrined in the Constitution are respected and the faith and hope of the people in the constitutional system are not atrophied. Sacrosanctity of the Rule of Law neither recognises a master and a slave nor does it conceive of a ruler and a subject but, in quintessentiality, encapsules and sings in glory of the values of liberty, equality and justice in accordance with law requiring the present generation to have the responsibility to sustain them with all fairness for the posterity ostracizing all affectations. To maintain the sacredness of democracy, sacrifice in continuum by every member of the collective is a categorical imperative. The fundamental conception of democracy can only be preserved as a colossal and priceless treasure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is true, I think, today in every department of the law that the social value of a rule has become a test of growing power and importance. [ Benjamin N. Cardozo, The Nature of Judicial Process (Cosimo Inc., 2009) 73] 13. It has to be kept in mind that the time of leisure has to be given a decent burial. The sooner it takes place, the better it is. It is the obligation of the present generation to march with the time and remind oneself every moment that the rule of law is the centripodal concern and delay in delineation and disposal of cases injects an artificial virus and becomes a vitiating element. The unfortunate characteristics of endemic delays have to be avoided at any cost. One has to bear in mind that this is the day, this is the hour and this is the moment, when all soldiers of law fight from the path. One has to remind oneself of the great saying, Awake, Arise, ‗O Partha . 27. The anguish expressed in the past and the role ascribed to the Judges, the lawyers and the litigants is a matter of perpetual concern and the same has to be reflected upon every moment. An attitude of indifference can neither be appreciated nor tolerated. Therefore, the serviceability of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as a human right which is deeply rooted in the foundational concept of democracy and such a right is not only the creation of law but also a natural right. This right can be fully ripened by the requisite commitment of all concerned with the system. It cannot be regarded as a facet of Utopianism because such a thought is likely to make the right a mirage losing the centrality of purpose. Therefore, whoever has a role to play in the justice dispensation system cannot be allowed to remotely conceive of a casual approach. 5.4 In the aforesaid decision, this court also considered the role of advocate in the justice delivery system and considered the earlier decisions in paragraphs 17 to 22 which read as under: 17. In Ramon Services (P) Ltd. v. Subhash Kapoor [(2001) 1 SCC 118 : 2001 SCC (Cri) 3 : 2001 SCC (L S) 152 : AIR 2001 SC 207] , after referring to a passage from Mahabir Prasad Singh v. Jacks Aviation (P) Ltd. [(1999) 1 SCC 37 : AIR 1999 SC 287] , the Court cautioned thus : (Ramon Services case [(2001) 1 SCC 118 : 2001 SCC (Cri) 3 : 2001 SCC (L S) 152 : AIR 2001 SC 207] , SCC p. 126, para 15) 15. Nonetheless we put the profession to notice that in future the advocate would als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court and the duty of the Court to the Bar, has ruled as under: (SCC p. 44, paras 1718) 17. ‗A lawyer is under obligation to do nothing that shall detract from the dignity of the court of which he is himself a sworn officer and assistant. He should at all times pay deferential respect to the Judge, and scrupulously observe the decorum of the courtroom. [Warevelle's Legal Ethics, p. 182] 18. Of course, it is not a unilateral affair. There is a reciprocal duty for the court also to be courteous to the members of the Bar and to make every endeavour for maintaining and protecting the respect which members of the Bar are entitled to have from their clients as well as from the litigant public. Both the Bench and the Bar are the two inextricable wings of the judicial forum and therefore the aforesaid mutual respect is sine qua non for the efficient functioning of the solemn work carried on in courts of law. But that does not mean that any advocate or a group of them can boycott the courts or any particular court and ask the court to desist from discharging judicial functions. At any rate, no advocate can ask the court to avoid a case on the ground that he does not want to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trengthening the confidence of common man in the institution entrusted with the administration of the justice. Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged. Therefore the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligence and take timely action in order to usher in efficient justice dispensation system and maintain faith in rule of law. We are also aware that whenever the trial courts refused to grant unnecessary adjournments many a times they are accused of being strict and they may face displeasure of the Bar. However, the judicial officers shall not worry about that if his conscience is clear and the judicial officer has to bear in mind his duties to the litigants who are before the courts and who have come for justice and for whom Courts are meant and all efforts shall be made by the courts to provide timely justice to the litigants. Take an example of the present case. Suit was for eviction. Many a times the suits are filed for eviction on the ground of bonafide requirements ..... X X X X Extracts X X X X X X X X Extracts X X X X
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