Customs, Excise and Gold Tribunal - Delhi
Arunoday Mills Ltd. And Ors. vs Cc on 30 November, 2000
Equivalent citations: 2001(74)ECC174
ORDER
1. These appeals are of 1986, The oldest appeals pending before this Tribunal. Last time when these appeals came up in the hearing list it was represented on behalf of the appellants that they approached the Mumbai High Court by filing Writ Petition No. 2077 of 2000 questioning the authority of the President to post this case before a bench of 5 Members. Since the matter was stated to be pending before the High Court, we posted the case to today (30.11.2000) for mention awaiting the orders of the High Court on the issue. Appellant has sent a fax message which was received now stating that the matter pending before the High Court stands adjourned.
2. From the stand taken by the appellant (M/s. L.D. Textiles) it appears that they want the case to be transferred to Mumbai for disposal. As stated earlier in our order dated 23.10.2000, Mumbai Bench cannot deal with this matter on account of the fact that the Bench of the Tribunal there has got only 4 Members. The power of the President to post a case before Larger Bench is Judicially recognised by the Supreme Court in the decision Union of India v. Paras Laminates Private Ltd. . The President in the instant case has posted these appeals for being disposed of by a Bench of 5 Members. That order of the President is perfectly legal.
3. Since the appellant (M/s. L.D. Textiles) is not represented before us today, as stated in the earlier order of ours dated 23.10.2000, we are inclined to appoint a counsel as amicus curiae to help us in disposing of the matter. Shri V. Lakshmi Kumaran. Learned Counsel has agreed to help this Tribunal as amicus curiae. Office will give one set of papers to Shri V. Lakshmi Kumaran for enabling him to prepare the case. The case is posted to 18.12.2000 for final hearing. A copy of this order will be sent to the appellant for information.
4. Learned Counsel representing M/s. Jayshree Textiles, which is coming within the jurisdiction of the Eastern Bench, has no objection in having the appeal heard at Delhi. Unlike M/s. L.D. Textiles, located in Mumbai, who wants to have it transferred to Mumbai. the appellant from Calcutta has no case that it should be transferred to Eastern Bench.
Post all the appeals for final hearing on 18.12.2000.