2009 (5) TMI 74

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..... ent. ORDER T.S. Thakur, CJ. - In this petition for a writ of mandamus, the only relief which the petitioner has sought is a writ of mandamus directing an early disposal of the appeal filed and pending before the Commissioner (Appeals), Central Excise & Customs, Chandigarh. According to the petitioner, the arguments in the appeal were heard by the Commissioner (Appeals) on 14-5-2008 but despite l .....

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..... a copy of the order in appeal dated 19-5-2009. He submits that since the appeal in question has been disposed of by the Commissioner, this petition does not survive for consideration and may be disposed of as such. 4. Learned counsel for the petitioner, however, contended that the delay in disposal of the appeal was itself sufficient to render the Appellate Authority's order illegal and liable to .....

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..... in disposal of the appeal is said to be a ground of attack against the order, it shall be open to the petitioner to urge the said ground also, in which event, the Tribunal before whom the appeal is filed is expected to examine the said aspect also. 5. With the above observation and reserving liberty for the petitioner to challenge the order passed by the Appellate Authority in appropriate proceed .....

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