Appellate Tribunal denies modification request for lack of grounds and evidence.

The Appellate Tribunal CESTAT MUMBAI dismissed the appellant's application for modification of a final order in appeal no. C/1136/2012. Despite the appellant's claim of financial incapacity to comply with deposit terms, the Tribunal found the application lacking specific grounds and evidence. The appellant's failure to provide valid representation and substantive arguments led to the dismissal of the application, as the Tribunal emphasized the absence of concrete evidence to support the case.

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Issues involved: Application for modification of final order, Lack of representation by the appellant, Dismissal of the application

1. Application for modification of final order:
The appellant sought modification of the final order dated 11th November 2014 in appeal no. C/1136/2012. Despite multiple adjournments requested without valid reasons, the Tribunal proceeded with the disposal of the application. The appellant mentioned a lack of financial capacity to comply with the deposit terms ordered by the Tribunal. However, the application lacked specific grounds or supporting documentation for this claim. The Tribunal noted that the application contained general allegations without concrete evidence to back them up. The appellant's arguments were deemed vague and lacking in substance, particularly regarding the scrutiny of the pre-deposit order by the Tribunal.

2. Lack of representation by the appellant:
On the final adjourned date, neither a request for adjournment nor the presence of the appellant's representative was noted. Despite multiple opportunities given to the appellant, no valid representation was made before the Tribunal. The lack of engagement from the appellant's side was highlighted as a significant factor in the decision-making process.

3. Dismissal of the application:
Given the absence of a representative and the inadequacy of grounds presented in the application, the Tribunal concluded that there was no option but to dismiss the appellant's application for modification. The Tribunal emphasized that the appellant had failed to provide substantial evidence or valid arguments to support their case. Consequently, the application was dismissed by the Tribunal.

This judgment from the Appellate Tribunal CESTAT MUMBAI involved the appellant's application for the modification of a final order, highlighting the lack of representation by the appellant and ultimately leading to the dismissal of the application due to insufficient grounds and evidence presented.

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