1996 (10) TMI 172

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....J.M. Sharma, JDR, for the Respondents. [Order per : A.C.C. Unni, Member (J)]. -  The short question requiring decision in this appeal is whether an adjudication order made after a lapse of nearly nine years after the issue of show cause notice would be permissible. 2. The appellants contend that they were served with a demand-cum-show cause notice dated 5-9-1981 by the Superinte....

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....bmitted that the appellants had contended before the adjudicating officer that they were not in position to represent their case properly in view of the long delay in conducting the adjudication proceedings. The learned Counsel also submitted that specific requests were made to the Assistant Collector to provide the appellants with the classification lists and other documents which were available ....

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.... specifying a time limit for the conduct of adjudication proceedings after the show cause notice was issued and therefore, there was nothing wrong in law in the adjudication proceedings being held even after the lapse of nearly ten years. 5. We have considered the submissions made on both sides and perused the records. The fact that there was a time lag of nearly ten years between the issu....

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....id down time limit does not mean that there is no time limit at all. What is envisaged in such circumstances is the exercise of that power within a reasonable time limit. 6. Counsel for the appellants had cited before us, among others, the decision of the Bombay High Court in Bhagwandas S. Tolani v. B.C. Aggarwal and Others - 1983 (12) E.L.T. 44 in which the Hon'ble High Court had held tha....