2008 (11) TMI 462

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....005. Learned Counsel Shri Ravi Raghavan assisted the Bench to find out status of pendency relating of three appeals of 2004 and one appeal of 2005 as stated above. 2. So far as the Excise Appeal No. 5601 of 2004 is concerned, we find that the stay order was passed long ago. The matter was last fixed to 22-8-2008. But that did not reach. Again the matter was on the board on 30-9-2008. That was adjourned at the request of the appellant. The matter was again listed on 10-11-2008. That lied over at the request of the appellant till 11-11-2008. The matter was again called on 11-11-2008. But that was adjourned to 14-11-2008 to find out the status of this appeal and proceed for hearing. 3. Excise Appeal No. 5702 of 2004 has involve....

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....become aged and awaiting disposal. (iii)   Cases appear in the list after three or four years. 7. Situations above are not at all appreciable in the interest of justice because justice delayed may be justice denied. So, also pendency of appeal involving huge Revenue may cause serious prejudice to revenue with passage of time and recovery may face serious threat. We find that the appellants come with plea that they being before BIFR they are in financial stringency and deserve lenient consideration while stay petitions are heard. In some cases, business of the appellant is pleaded to have been closed down and financial hardship otherwise is also pleaded. 8. In order to do justice to both sides, it has become nece....