The respondent filed a writ petition in the High Court challenging the orders of the Bench of two members and that of the President of the Tribunal, which struck down both the orders by holding that the Bench of two members ought to have followed the earlier decision of the larger Bench of 3 judges and a reference of the case to a still larger Bench was companytrary to judicial precedent and judicial discipline.
In appeal to this Court, it was companytended on behalf of the Union of India that Section 129 C of the Customs Act, 1962 empowers the Presi dent of the Tribunal to companystitute larger Benches to resolve companyflicts in opinion arising between members of a Bench or between Benches of the Tribunal.
By its order dated 22.10.1986 a Bench of two members of the Tribunal stated that they doubted the companyrectness of the earlier decision of a Bench of the three members of the Tribunal and they referred the case to the President of the Tribunal for companystituting a larger Bench.
Raju Ramachandran, Dhruv Mehta and R.K. Sanghi for the Respondent.
From the Judgment and Order dated 7.12.1989 of the Delhi High Court in C.W. No.
L. Sanghi.
By its order dated 4.3.1987 the President of the Tribunal referred the case to a larger Bench of five members.
The Judgment of the Court was delivered by THOMMEN, J. Special Leave is granted.
This appeal by the Union of India arises from the Judg ment dated 7.12.1989 of the Delhi High Court in Civil Writ No.
Accordingly the Bench of two members acted within their power is stating the points of law which required clarification and the President acted equally within the bounds of his power in companystituting a larger Bench to hear and decide those points.
795E 796C CIVIL APPELLATE JURISDICTION Civil Appeal No.
1060 of 1987 setting aside Orders dated 22.10.1986 and 4.3.1987.
The former order was made by a Bench of two mem bers of the Customs, Excise and Gold Control Appellate Tribunal hereinafter called the Tribunal and the latter order was made by the President of the Tribunal.
The order of the Bench of two members and that of the President have been struck down by the High Court by the impugned judgment for the reasons stated above.
3955 of 1990.
Dr. V. Gauri Shanker, C.V. Subba Rao, S. Rajappa and M. Chandershekharan N.P. for the Appellants.
The importer appealed to the Collector of Customs, but without success.
1060 of 1987.
By their Order dated 22.10.1986, the Bench of two members of the Tribunal stated that they doubted the companyrectness of an earlier decision of a Bench of three members of the Tribunal in Bakelite Hylam Ltd. Bombay Anr.
