TIOL-DDT 1676 · Friday, 19 August 2011 · story 5 of 7

Welcome Changes in CESTAT - Only for Delhi and Mumbai?

YESTERDAY, reporting on the above subject, DDT had commented, “It is not clear whether short matters will be listed every day in Ahmedabad, Bangalore, Chennai and Kolkata.

Advocates and consultants in these Benches of the CESTAT are worried that, as per the Circular, Stay matters will be heard only on one day in a week in Benches other than Delhi and Mumbai. A senior advocate to wrote in, “Contrary to the view expressed in DDT , this circular will benefit only Mumbai and Delhi litigants. It will adversely affect other Benches by reducing the number of days for stay hearing from 2 days a week to 1 day a week”.

It is learnt that the Indirect Practitioners Association of Bangalore CESTAT has sent a representation to the CESTAT Vice-President, to extend the beneficial changes brought about in Mumbai and New Delhi to Bangalore also – that is, order that both stay matters and regular matters be listed on all days from Monday through Thursday. The Association submits that this would be in keeping with the objective of the Office Order to clear the heavy pendency and also in keeping with the principle of uniform practice throughout the country without any disparity between the Benches.

Let us hope the Vice-President will give a clarification soon.