Case Law Details

Case Name : M/s S.K. Enterprises Vs. Union of India & Ors. (Punjab and Haryana High Court)
Appeal Number : CM Nos.16339 & 16341 of 2019
Date of Judgement/Order : 07/11/2019
Related Assessment Year :
Courts : All High Courts (6264) Punjab and Haryana HC (295)

M/s S.K. Enterprises Vs. Union of India & Ors. (Punjab and Haryana High Court)

The applicant/petitioner has filed the aforesaid two applications i.e. one seeking the preponement of date of hearing of the writ along with appeal fixed for 02.12.2019.

The other application i.e. CM No.16341 of 2019 has been filed for directing the authorities concerned to post permanent Member (Technical) at the Customs Excise Service Tax Appellate Tribunal, Chandigarh Bench. It is pointed out that keeping in view the serious prejudice faced by the litigants before the CESTAT Bench, Chandigarh this Court on 11.02.2019 had passed the following order:-

Learned counsel for the petitioner states that there is a huge pendency of 5758 cases with the Customs, Excise & Service Tax Appellate Tribunal, Chandigarh. The details of the same have been furnished by the learned counsel which is taken on record. It was urged that despite the huge pendency there is no regular Division Bench functioning at Chandigarh, whereas, with half the pendency in Allahabad, a regular Division Bench is functioning there. It was also pointed out that in Delhi where the pendency is less than Chandigarh, three regular Division Benches are functioning there.

Mr. Chetan Mittal, learned senior counsel for the respondent prays for time to apprise the Court regarding the posting of Member Technical for constituting the regular Division Bench at Chandigarh.

Adjourned to 5.3.2019 as prayed.

A photocopy of this order be placed on the files of other connected cases.

It is urged that the pendency has now swelled to 5924 cases due to constant unavailability of the Technical Member for a period of more than a week during the month, whereas at places where pendency is much lower Member Technical is available on regular basis.

From the above, it is evident that the issue requires immediate and serious consideration for taking appropriate action.

Notice of the CM to the Counsel for the Union of India for date fixed in the main case i.e. 02.12.2019.

In the meanwhile, we request the learned President of CESTAT, Principal Bench, New Delhi to initiate some remedial measures by deputing a Member Technical for atleast two weeks during a month to hold Court at Chandigarh Bench so that the Divisional Bench, CESTAT, Chandigarh Bench can function for reducing the pendency.

At this stage Mr. Varun Issar, Panel Advocate for UOI present in Court accepts notice and assures the Court that this order shall be communicated to the learned President for taking necessary remedial action.

Registry is also directed to communicate this order to Learned President CESTAT, Principal Bench, New Delhi.

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