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2014 (9) TMI 236 - AT - CustomsValidity of order passed after inordinate delay of 2 years in passing the order - last hearing was held before the adjudicating authority on 23.08.2003 - order was passed only on 31.01.2006. - Held that:- in the case of Bhagsons Paint Industry [2003 (10) TMI 49 - SUPREME COURT OF INDIA] the Hon'ble Supreme Court has set aside the decision of the Hon'ble Madras High Court on the ground of long delay in delivery of judgment and also observed that “however, it is correct to this extent that a long delay in delivery of judgement gives rise to unnecessary speculations in the minds of parties to a case.” Further, in the case of Saheli Leasing & Industries Ltd., [2010 (5) TMI 9 - SUPREME COURT OF INDIA] the Hon'ble Supreme Court observed that after arguments are concluded, an endeavour should be made to pronounce the judgement at the earliest and in any case not beyond a period of 3 months. Keeping it pending for long time, sends a wrong signal to the litigants and the society. Further, the learned Counsel through his written submission brought certain facts to our notice that the adjudicating authority has not considered certain issues in the impugned order. Therefore, we find it would be in the interest of natural justice to remand the matter back to the adjudicating authority for denovo adjudication. - impugned order is set aside - matter remanded back for fresh decision.
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