PAYODHI FOODS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The application filed by the petitioner for early hearing of a pending appeal before the CESTAT is dismissed on the ground that the appeal would be considered in due course. The appeal which is filed in the year 2010 has not reached to its logical conclusion as yet. Though this Court is not oblivion of the reality where the docket of the Tribunal is burdened within enormous litigation filed before it but equally this Court cannot lost right of the responsibilities of the statutory authority to render justice effectively and expeditiously. When an application is taken out seeking for an early hearing of the said appeal, the Tribunal ought to have fixed the date but should not have thrown the said application at the threshold that it will be taken up in due course. This Court, therefore, feels that the justice would be sub -serve if the CESTAT is directed to fix up a date and hear out the said appeal within the time frame.

(2.) Accordingly, this Court directs the Tribunal to dispose of the said appeal as expeditiously as possible without granting unnecessary adjournment to the parties and preferably within six weeks from the date of communication of this order in accordance with law. With this observations the writ petition is disposed of with no order as to cost.