HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR C.E.A.No.53 of 2014 Date: 15-04-2014 Between:
M/s Maytas – NCC JV, Hyderabad . Appellant AND Commissioner of Customs, Central Excise And Service Tax, Hyderabad-II Commissionerate ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR C.E.A.No.53 of 2014 JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) Mr.Jalakam Sathyaram, learned Counsel, takes notice on behalf the respondent. We admit this appeal on the following substantial question of law:
“Whether the learned Tribunal was justified in refusing to grant an adjournment for hearing on future date?
According to us, the learned Tribunal should have adjourned the matter for hearing, as it was contended that on the very same issue, this Court has granted interim stay. We, therefore, pass the following order:
The impugned judgment and order of the learned Tribunal shall be kept in abeyance and the matter should be heard afresh on 29th April 2014, provided on that date, the appellant appears either by person or through learned lawyer or representative. After hearing, the learned Tribunal shall pass an appropriate order either to retain the same order or modify or reverse the same, as the situation will warrant. In the event, the appellant does not turn up for hearing, the issue will be closed chapter and in that case our order will stand recalled the impugned order will stand revived.
The appeal is disposed of with above direction. Miscellaneous petitions, if any, pending shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 15-04-2014
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