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2009 (4) TMI 242 - BOMBAY HIGH COURTTribunal has not disposed of the appeal within 180 days – proviso to section 129B(2A) of Custom Act - There is nothing on record to show that the appeal could not be heard on account of any act on the part of the petitioners herein - The second proviso literally read has the effect of vacating the stay on expiry of 180 days. There is therefore no power of extension conferred on the tribunal - The proper way to read the second proviso would be, that the Tribunal itself at the hearing of the stay application considering its docket and or the Benches available grants stay till the hearing and final disposal of the appeal. Once the Tribunal grants stay, in the absence of either the appellant or respondent applying for adjournments without justifiable cause with a view to delay the hearing, the Tribunal considering the duty on it is bound to hear and dispose of the appeal within 180 days - The proviso must be, to avoid being declared unconstitutional, be read to mean that it applies when the hearing of the appeal within 180 days could not be taken up on account of the persistent conduct or act of the appellant - Proviso cannot be read to defeat the vested right of appeal of an appellant - as nothing has been brought to our attention that it was on account of the acts of the petitioner that the appeal could not be heard, the relief sought for by the petitioner in the present petition will have to be allowed.
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