TMI Blog2014 (10) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... ut and efforts were taken to trace the relevant records and registers and that after the records are traced out, the status of the appeal will be intimated. Ext. P2 communication is dated 8.8.2008. The fact remains that so far the abovementioned appeal has not been decided by any of the authorities. As matters stand now, Ext. P2 is the last communication by which the petitioner was informed that the records are not available. Under such circumstances, it is necessary in the interest of justice that the records are re-constructed and for that purpose, the petitioners as well as respondent authorities shall make necessary arrangement for production of copies of the available records, ie. memorandum of appeal as well as connected records and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion was made under the Right to Information Act, Ext. P2 reply was received on 8.8.2008 stating that due to renovation work, many registers have been misplaced and the status of the appeal could not be traced. According to the petitioners, the appeal is still pending and had not been disposed of so far. Another request was made on 2.6.2012 before the Commissioner of Central Excise to know the status of the appeal. Exts. P3, P4 and P5 are the said requests and the petitioners did not receive any reply. It is further indicated that so far, the appeal has not been disposed of. However, the 5th respondent, by communication dated 4.10.2012, informed the petitioner that since the proceedings have not been disposed of within the period stipulated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. On the other hand, learned counsel for the respondents relied upon the judgment of the Supreme Court in Commissioner of CC CE v. Kumar Cotton Mills (P.) Ltd. 2005 (180) ELT 434 to contend that though the Tribunal has the power to extend the stay beyond the period of six months, statutory provision clearly indicates that if the appeal is not disposed of within the time specified, the stay order shall, on the expiry of that period, stand vacated in terms of the statutory provision under Section 35C(2A) of the Central Excise Act. 6. Having regard to the factual issues, the only question to be considered is as to how the records relating to he above case can be reconstructed and what further directions can be given in favour of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as respondent authorities shall make necessary arrangement for production of copies of the available records, ie. memorandum of appeal as well as connected records and the 1st respondent has to consider the matter and pass appropriate orders in accordance with law. Until such time, recovery pursuant to Ext. P7 has to be kept in abeyance. 10. In the said circumstances, this writ petition is disposed of as under: (1) Petitioners as well as respondents 3 to 5 shall place all records relating to the appeal referred to in Exts. P1 and P2 before the 1st respondent within a period of one month from the date of receipt of copy of this judgment with notice to either parties. (2) The 1st respondent shall re-construct the case records rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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