TMI Blog2016 (5) TMI 1508X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 35D of the Excise Act read with Rule 3 and 4 of the CESTAT (Procedure) Rules, 1982 - HELD THAT:- While the Court appreciates the necessity for taking the above step, at the same time, the Court is concerned that since more than two months now no President of the CESTAT has been appointed. In the meanwhile, even the post of the Vice President has fallen vacant. The impugned order can at best b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016 - S. MURALIDHAR VIBHU BAKHRU JJ. For the Appellant: Mr Sujit Ghosh, Advocate with Ms Mannat Waraich, Advocate. For the Respondents: Mr Kirtiman Singh, CGSC with Ms Rajul Jain and Mr Waize Ali Noor, Advocates. O R D E R CM 16944/2016 16945/2016 1. Allowed, subject to all just exceptions. W.P.(C) 4017/2016 CM 16943/2016 2. The chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matters that were mentioned in the impugned order. The Petitioner's grievance is that it is being compelled to appear a forum which has no power or jurisdiction to hear cases. 4. The Court finds that under Section 161 of the Act, there is a general power to the Central Government to act if any difficulty arises in giving effect to the provisions of the Act. The Government may, by general ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile, even the post of the Vice President has fallen vacant. The impugned order can at best be treated as temporary arrangement for a certain period and cannot continue indefinitely. 7. Consequently, with a view to ensure that there is no unnecessary delay in the filling up of the posts of the President and Vice President of the CESTAT, which as is known, has a large pendency of matters, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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