GAURI ENTERPRISES Vs. COMMISSIONER OF CUSTOMS, PUNE

JUDGEMENT

(1.) THESE are two miscellaneous applications. Misc. Application No. C/Misc./288/2001 is filed by the party for an early hearing while Misc. Application No. C/Misc./60/2002 is filed by the Revenue praying for dismissal of the appeal on the ground that this Bench has no jurisdiction to hear the matter and the jurisdiction lies with the CEGAT, West Zonal Bench, Mumbai since the matter was adjudicated by the Commissioner of Customs, Pune.

(2.) THE petitioner in this writ petition is the Commissioner of Customs. The petitioner is aggrieved by the order dated 16th November, 2001, a copy of which has been produced as Annexure A passed by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT for short) South Zonal Bench, Bangalore, (hereinafter referred to as the Appellate Tribunal). Wherein the Appellate Tribunal has directed the release of diesel engines, in favour of the respondent, as an interim measure, pending disposal of the appeal filed by the respondent.

(3.) AFTER arguing the matter for sometime, Sri Ashok Haranahalli, learned Senior Central Government Standing Counsel and Sri Rajesh Chandra Kumar, learned Counsel appearing for the respondent, fairly submitted that they will be satisfied if this petition is disposed of with a direction issued to the Appellate Tribunal to dispose of the appeal not later than eight weeks from today. Sri Rajesh Chandra Kumar also brought to my notice that the appeal is fixed for hearing on 31st January, 2002.