2008 (1) TMI 268 - HC - Central Excise

Supreme Court intervenes in writ petition delay, imposes cost on Union of India for causing delays

The Supreme Court modified the High Court's interim order due to a jurisdictional issue, directing the High Court to expedite the writ petition's disposal ... In spite of the fact that Supreme Court remanded matter to High Court to dispose of the matter expeditiously, the Union of India is seeking repeated adjournment – High court has rightly imposed cost on U.O.I., for asking several unnecessary adjournment Issues:Interim order passed by the High Court, modification by the Supreme Court, delay in filing synopsis, adjournments requested by the Union of India, conduct of the Union of India, imposition of costs.Interim Order and Modification:The High Court passed an interim order on 19th December, 2006, which was challenged by the Union of India in the Supreme Court. The Supreme Court accepted the contention that the interim order was incorrect due to a significant question of law on the jurisdiction of the Settlement Commissioner. Consequently, the Supreme Court modified the interim order and directed the High Court to expeditiously hear and dispose of the writ petition within six months.Delay in Proceedings:Despite the Supreme Court's directive for expeditious disposal, the Union of India failed to file the synopsis of the case within the agreed timeline. The matter faced multiple adjournments requested by the Union of India on various dates, hindering the progress of the case. The conduct of the Union of India was questioned as they appeared reluctant to proceed with the final hearing promptly, as evidenced by the unavailability of the Additional Solicitor General on crucial hearing dates.Imposition of Costs:In response to the unnecessary adjournment requested by the Union of India, the High Court imposed costs of Rs.15,000/- on the Union of India. The costs were to be deposited by cheque within a week to the Registrar General of the Court. This decision aimed to emphasize the importance of expeditious case disposal and to highlight the conduct of the Union of India in the proceedings.Conclusion and Directions:The High Court recorded the facts of the case to demonstrate its efforts towards expeditious disposal and to showcase the conduct of the Union of India. The matter was scheduled for further directions on 14th February, 2008, to determine the disposal schedule based on the availability of the learned Additional Solicitor General. The judgment aimed to ensure a timely resolution of the writ petition and to address any delays caused by the parties involved.