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TMI Blog2014 (10) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... y to the petitioners. 2. The facts involved in the case would show that a demand was made for an amount of Rs. 65,89,432.67 from the 1st petitioner-Company while the same was being managed by an earlier group. An appeal was filed before the Tribunal at Chennai and as per order dated 3.7.1989, copy of which is produced as Ext. P1, stay was granted on condition of pre-deposit of Rs. 6,50,000/- on or before 16.10.1989. It is stated that pre-deposit was made as evident from Ext. P1. It was indicated in Ext. P1 that the matter is to be transferred to CEGAT, New Delhi. According to the petitioners, thereafter, there was no information and when an application was made under the Right to Information Act, Ext. P2 reply was received on 8.8.2008 stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffice. 4. Having regard to these factual situation, it is an admitted fact that the appeal filed by the 1st petitioner has not been disposed of so far. It is either to be heard by the 1st respondent or the 2nd respondent, as the case may be, depending upon the present jurisdiction vested in it. Learned counsel for the petitioners brought to my notice a judgment of this Court in Kunhu Moideen v. Narayanan Adiyodi 1987 KLJ 1245. That is a case in which this Court observed that inherent powers of the civil court under Section 151 of Code of Civil Procedure, 1908 can be invoked for re-constructing records, which has been lost or destroyed. 5. On the other hand, learned counsel for the respondents relied upon the judgment of the Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ext. P6, the Assistant Commissioner of Central Excise has informed that the stay is automatically vacated on account of the provisions under Section 35C(2A) and that the appeal has been registered on 24.7.1997 and has been transferred to SRB, Chennai. 9. 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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