Sanjiv Srivastava, Member (T)
1. Miscellaneous Application for early hearing has been filed by the Respondent. When the matter was called none appeared on behalf of the Respondent. CESTAT Bar Association has given the copy of Resolution dated 14.09.2023 which reads as follows:-
RESOLUTION
“An emergent meeting of the Executive Committee of the CESTAT BAR ASSOCIATION, ALLAHABAD, was held in the Bar Room, Kendriya Sadan, M.G. Marg, Civil Lines, Allahabad on 14.09.2023, Thursday at 09:20 A.M., under the Chairmanship of its General Secretary Shri Nishant Mishra, Advocate in view of the letter dated 03.09.2023, 05.09.2023, 10.09.2023 and subsequent letter dated 12.09.2023 issued by the Bar Council of Uttar Pradesh addressed to all the respective Bar Associations of the State of Uttar Pradesh.
The meeting was attended by other members of the Executive committee and learned members of the Bar.
It was thus unanimously resolved to support the resolution dated 12.09.2023 of the Bar Council of Uttar Pradesh condemning the barbaric lathi charge by police on Advocate’s at Hapur District Court and abstain from judicial work on 14.09.2023.
It has been further resolved that the Hon’ble members shall be requested to not to pass any adverse order on 14.09.2023.”
2. Have heard authorized representative for the Revenue.
3. For the reasons as stated in the miscellaneous application specifically the ground that the is in respect of perishable goods which are under seizure/confiscation early hearing is allowed.
3. As I have allowed the application for early hearing I do not find any merits in the Stay Application filed by the Revenue, which in any case is not maintainable in terms of Rule 28 A of the CESTAT Procedure Rules, 1982, same is dismissed.
4. List the appeal for final hearing on 18th October, 2023.
