2005 (12) TMI 498 - AT - Customs

Tribunal grants recall of final order due to advocate's absence, applicant to bear costs.

The tribunal granted the applicant's request to recall the final order due to the absence of their advocate on record, who was attending to a sick ... Appeal - Restoration of - Recall of order Issues: Request for recall of final order due to absence of advocate on record.Analysis:The judgment revolves around the applicant's plea for the recall of a final order dated 6-7-2005, citing the absence of their advocate on record who was attending to a sick relative in Noida. The final order had been issued in the absence of any representation for the appellant. Despite the contentions raised by the appellant being considered with the assistance of the learned DR, the appeal was dismissed. The tribunal noted that the matter proceeded without any application for adjournment due to the advocate's absence. However, upon confirmation of the advocate's situation, the tribunal deemed it appropriate to recall the order, subject to the applicant bearing costs amounting to Rs. 10,000/-. The applicant agreed to pay the costs within one week, leading to the recall of the final order. The judgment specifies that the appeal will be scheduled for final hearing on 11th January, 2006, once the costs are settled. The application for recall was thus granted, and the matter was disposed of accordingly on 14-12-2005.