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TMI Blog2024 (12) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... two appeals, we admit these appeals and, with the consent of and at the request of learned counsel for the parties, proceed to dispose of the same. 3. Though Mr. Dhond raised several questions of law, we admit these appeals on the following question of law without going into those questions. QUESTION OF LAW Whether the inordinate and unexplained delay between the conclusion of the arguments dated 13 December 2006 and the pronouncement of the impugned order dated 9 March 2009 is sufficient to vitiate the impugned judgment and order dated 9 March 2009. 4. Learned counsel for the parties agree that the common order/judgment can dispose of these appeals. 5. The challenges in these appeals are against the following impugned judgment and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bench of the tribunal, which was not sitting in appeal over the decision of the Chairperson to take some different view. Mr Dhond submitted that this was more so since there was no record of the respondents having appealed or challenged the impugned judgment dated 25 January 2021 in the appeal instituted by South Indian Bank Limited. 9. Ms. Bhide learned counsel for the respondent submitted that this was a matter involving adjudication of almost 72 notices. She submitted that Shri. A.K. Bal was a Special Director between 2 July 2001 to 31 October 2003. He heard the arguments and offered personal hearing in approximately 17 notices, but before he could make any final orders, Mr. Bal was transferred and replaced by Mr. K. Nageshwar Rao. Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment without going into the merits of the case and remitted the same for fresh disposal in accordance with law. 3. Mr. Dhond, learned Senior Advocate for the appellant also submits that the appellant is not too sure whether the Special Director who heard the appeal was the one who has actually passed the impugned order. He submits that if some other Officer has made the order, then, the same would be ex facie vulnerable. 4. Ms. Bhide, learned counsel for the respondents states that she will obtain instructions on the above two aspects by the next date. 5. Accordingly, we list this matter on 18 December 2024 for 'Directions.' 6. Registry to ensure that both these appeals are tagged together. 14. The above order was corrected on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd remitted the case to the High Court for deciding the appeal afresh on merits. 18. In Kanhaiyalal & Ors Vs. Anupkumar & Ors (supra) following Bhagwandas Daswani (supra) the Hon'ble Supreme Court reiterated that long delay in delivery of judgment is sufficient to set aside the judgment in appeal without expressing any opinion on merits. The Supreme Court, has quoted the observations in Bhagwandas Daswani (supra), which reads as follows; "However, it is correct to this extent that a long delay in delivery of judgment gives rise to unnecessary speculations in the minds of parties to a case. Moreover, the appellants whose appeals have been dismissed by the High Court may have the apprehension that the arguments raised at the Bar have not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 9 March 2006 was allowed by the appellate tribunal on the grounds of delay between the conclusion of the hearing and pronouncement of the said judgment and order. Considering that the tribunal, on that occasion, spoke through its single member, was not quite relevant. It was not the case of the respondent that the single member, i.e. the Chairperson was not competent to dispose of the appeal. Nothing on record states that the respondents had challenged the tribunal order dated 25 January 2021 in the appeal instituted by South Indian Bank Limited, nor was the same brought to our notice. Therefore, the appellate tribunal was not justified in taking a different view on identical facts. 22. For the above reasons, by clarifying that we h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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