2015 (9) TMI 1412

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Chakraborty, Adv. Mr. S. B. Saraf, Adv. Mr. K.K. Maity, Adv. JUDGEMENT Let affidavit of service filed in Court by the learned advocate for the respondent be kept on record. Heard Mr. Tanmoy Chakraborty, learned advocate for the appellant and Mr. Saraf, learned advocate for the respondent. The appeal is admitted on the following substantial question of law: "Whether the delay of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ions passed by the Supreme Court in Anil Rai vs. State of Bihar : 2009 (233) CLT 13 SC and as admittedly hearing of the matter was concluded on 29th October, 2014 by CESTAT and the impugned judgement was delivered on 11th May, 2015, that is after more than six months, which was in breach of the time limit prescribed for delivering judgments in said CESTAT Order, impugned order under challenge may ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....delivered and pronounced within two months from the day of conclusion of the arguments in a matter, then such order shall be delivered and pronounced within next [two months] subject, however, that prior consent in writing for the same shall be obtained from the Hon'ble President of the Tribunal by placing before him/her the reasons for such delay to the satisfaction of the Hon'ble President. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AT is requested to place the matter before a Bench within a period of 15 days from the date of presentation of a copy of the xerox certified copy of this order for fresh hearing expeditiously. It is made clear that we have not gone into the merits of the matter. Since appeal has been allowed, accordingly, the application is disposed of. We have been informed by the learned advocates that ....