2008 (9) TMI 721

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....the same does not stand deposited by them. Further arguing on the development, he submits that said interim order passed by Tribunal was challenged by way of filing writ petition before Hon'ble High Court of Gujarat, who passed various interim orders restricting Tribunal from dismissing the appeal. The matter was coming on record from time to time and it was being adjourned repeatedly awaiting decision of Hon'ble High Court of Gujarat. We find that on one such occasion, when the matter was listed to find out final outcome of the writ petition filed before Hon'ble High Court of Gujarat on 18-6-07, the Bench adjourned the matter with observation that department's representative should make efforts to get matter listed before Hon'ble High Cour....

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....repeatedly for a period of 10 years to ascertain compliance with the stay order and awaiting Hon'ble High Court of Gujarat decision on the writ petition. However, the Bench felt that appeals being oldest appeals, can be listed for hearing for final disposal without insisting on pre-deposit and accordingly, the appellants approached Hon'ble High Court of Gujarat seeking withdrawal of the writ petition. By drawing our attention to the order dt. 23-6-08, by Hon'ble High Court of Gujarat at Ahmedabad, learned advocate submits that the fact that the appeal was listed for final disposal before Tribunal was disclosed to Hon'ble High Court of Gujarat and it was on this ground writ petition was withdrawn. As such, objection raised by learned SDR is ....

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.... and after affording opportunity to Revenue/Department representative to make effort to get writ petition listed before Hon'ble High Court of Gujarat and after appreciating the fact that appeals are more than 10 years' old and no such purpose would be served by keeping them on record. 7. We also note that when the matters were fixed for final disposal and were being repeatedly adjourned, we find that the same was done with the consent of DR present and no objection whatsoever was raised by DR on all these occasions. We also note from record that the matter was in fact posted for regular hearing on 23-12-04 itself without insisting on any pre-deposit, as recorded in the note sheet order. As such, it has to be concluded as the stay or....