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2017 (12) TMI 88 - HC - Central ExciseOn what basis is an issue concerning the jurisdiction of the CESTAT to entertain an appeal on the judicial side being referred by the Bench of the CESTAT to the President of the CESTAT on the administrative side? - Held that: - Respondent no.1- CESTAT, has filed an affidavit through its Registrar. It is stated by the respondent that the matter was listed on the judicial side, when the two members’ Bench had referred the matter to the President on the question of jurisdiction - The explanation is also being given in view of the order passed by the Allahabad High Court dated 20th August, 2015, a copy of which has been enclosed as ‘Annexure-B’. Pre-deposit - maintainability of the appeal in absence of mandatory deposit - Held that: - practice directions have been issued with regard to the removal of objections by the Registry, listing of matters, inspection, furnishing of certified copies etc. Mr. Mittal states that these directions are not being complied with. This aspect would also be examined and appropriate administrative orders can be issued - The appeals filed by the petitioners, which is still awaiting registration in the Registry of the Tribunal would be registered as per Rules, for hearing, within two weeks from today and the date of hearing would be communicated to the learned counsel for the petitioners. Petition disposed off.
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