The Delhi High Court in the case of Sunder System Pvt Ltd v Union of India held that the SCN to be quashed where it was possible on behalf of the adjudicating authority to adjudicate within the period of limitation.
The writ petition has been filed seeking quashing of adjudication proceeding initiated by the impugned SCN, hearing notice and subsequent corrigendum dated 15.11.2011, 09.08.2017 and 20.09.2017 on the ground that the adjudication proceeding had become barred by limitation in view of the limitation period of one year for adjudication from the date of SCN
The petitioner relies on Circular No. 732/48/2003-CX directing that after the conclusion of personal hearing, it is necessary to communicate the decision immediately or at least one month from the date of the personal hearing.
The respondent, on the other hand, states that in the present case, the delay is not inordinate inasmuch as the Courts have allowed writ petitions only when the delay has been more than 10 years.
The Coram comprising of Justices Manmohan and S.D. Sehgal held that since it was apparent that it was possible for the adjudicating authority to adjudicate upon the SCN issued to the petitioner within a period of one year from the conclusion of arguments, the SCN is liable to be quashed. The writ petition is hence allowed on the short ground of limitation alone.
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