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of <h1>Appeal restored after dismissal for non-prosecution; counsel's absence; order recalled; warning issued.</h1> <h3>NARAYAN BUILDERS Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR-I</h3> The appeal was dismissed for non-prosecution due to the absence of the appellant's counsel. However, the appellant's request to recall the order was ... Recalling of order - earlier appeal was dismissed for Non prosecution of case - Held that:- applicant submits that the counsel who had to argue the matter was not available in the town and another counsel was directed to appear and seek adjournment. However, the proxy counsel also could not cause appearance. He submits that appellants could not be made to suffer on account of lapse on the part of the advocate - no justifiable reason as advanced on behalf of the appellants, but in the interest of justice, we would like to give another chance to the appellant to argue the matter on merits. We accordingly, allow the ROA application and restore the appeal to its original number and fix the same for final disposal - Appeal restored. The appeal was dismissed for non-prosecution due to the absence of the appellant's counsel. The appellant's request to recall the order was granted, and the appeal was restored for final disposal on a specified date with a warning that no further adjournments would be granted.
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