Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2009 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (5) TMI 74 - HC - Central ExciseAppeal to tribunal – section 35B - According to the petitioner, the arguments in the appeal were heard by the Commissioner (Appeals) on 14-5-2008 but despite lapse of considerable time, orders in the appeal were not pronounced by the Appellate Authority forcing the petitioner to approach this Court for a declaration to the effect that the failure of the Appellate Authority to decide the appeal within a reasonable time was illegal, arbitrary and mala fide. – held that - we feel that in case the petitioner is aggrieved of the order passed in the appeal, he ought to seek remedy against the same in appropriate proceedings in accordance with the statutory provisions. If the delay in disposal of the appeal is said to be a ground of attack against the order, it shall be open to the petitioner to urge the said ground also, in which event, the Tribunal before whom the appeal is filed is expected to examine the said aspect also. – writ petition dismissed.
|