9911796707
TMI Blog2003 (12) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant in Appeal No. C/262/2002-Kol., seeking implementation of the Tribunal's order dated 27-11-2001 to return the gold confiscated from the applicant. When the application came up for hearing on 22-4-2003 it was adjourned to 1-5-2003 to enable the respondent to implement the final order. On 1-5-2003 when the case was taken up, the learned Senior Counsel Shri A.N. Haksar who was appeari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nally present before us on 11-8-2003. Since the Commissioner was not present on 11-8-2003, the matter was adjourned to 18-8-2003. 2. The Commissioner submitted that the final order passed by the Tribunal was implemented and the gold has been released to the owner Shri Girdhari Dubey. A copy of the order was also produced. We directed the Commissioner dated 18-8-2003 to file a detailed affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aran who was assisting the Tribunal as amicus curiae in these proceedings. He submitted that on going through the averments in the affidavit of the Commissioner, it could be seen that the delay was caused due to lack of coordination between the different authorities. It may be true that there was lack of vigilance on the part of the officers including the respondent to implement the order, but he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de. If that be so, contumacious conduct can be alleged against him/her. In her future conduct the respondent-Commissioner will take care to see that orders of this Tribunal are implemented without delay. 5. In the light of the facts and circumstances of this case and in view of sincere regret expressed by the Commissioner in her affidavit in delaying implementation of the final order of the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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