1997 (2) TMI 133

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al Excise, Calcutta-II on 30th October, 1991, the petitioner preferred an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern Bench, Calcutta. Along with the appeal an application for stay was also moved by the petitioner. However, the stay matter having been heard by a Division Bench of a Tribunal. The two learned Members of the Bench differed on the question of stayi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) it was decided, after hearing both the sides and recording no objection of the department that the question relating to the stay be decided in its entirety and substantiality by the Division Bench itself. Since however the stay petition was not listed for consideration on 4-1-1996, when the aforesaid order was passed, the Division Bench decided to postpone the consideration of the stay matter an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... two questions or other observations made by this Division Bench in the order dated 9-2-1996 for the simple reason that it was not open to this Division Bench to decline to hear the stay matter, once an earlier Division Bench vide order passed on 4-1-1996 had decided to hear the stay matter. Both the Division Benches had concurrent jurisdiction and both are collateral. Judicial discipline and prop....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the matter therefore the order passed on 9-2-1996 cannot be sustained and is accordingly set aside. 4.This petition for the foregoing reasons is allowed. It is directed that a Division Bench of the Tribunal shall decide the stay matter in line and conformity with the observations and directions contained in the order of the Division Bench of the Tribunal passed on 4-1-1996. Nothing stated herei....