TMI Blog2009 (5) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... unced 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 proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n disposal of the appeal was itself sufficient to render the Appellate Authority's order illegal and liable to be set aside. He urged that the Supreme Court had in Anil Rai v. State of Bihar 2009 (233) ELT 13 directed that appeals ought to be decided within six months from the date of the conclusion of the hearing. He urged that this Court could set aside the order passed by the Appellate Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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