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2010 (3) TMI 311 - HC - CustomsAppellate Tribunal’s order- Delay in order after conclusion of hearing Appeal heard by Tribunal on 25.01.2005 whereas judgment passed on 5.7.2005 order passed practically after six months. Apex Court in case of r. C Sharma held that delayed delivery of justice results in manifest injustice and denial of justice. Tribunal not justified in passing order after delay of almost six months from date of hearing. Impugned order set aside on ground of delayed delivery of judgment leaving all questions open. Stricture against department’s advocate- Tribunal order sought to be set aside by Court on delay in delivery of order after conclusion of hearing. Minutes of order looking to consensus between advocates, directed to be filed. Minutes not as pr consensus reached inasmuch as para 3 thereof stating that question of law No. (b) and (c) answered in favour of Appellants. Explanation of mistake not acceptable. Not a bonafide mistake. Advocates took chance before court to get appeal disposed on merits. Court attemped to be taken for ride. Revenue Advocate expected to be more diligent as obligatory on his part to protect revenue interest.
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