The Petitioner filed an application for early hearing of a pending appeal before the CESTAT which was  dismissed on the ground that the appeal would be considered in due course.

The Hon’ble court observed that the appeal which was 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 lose sight 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. The court, observed  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.