Procedural default and unreadable filings justified dismissal of the CEGAT appeal for non-prosecution under Rule 11.

Rule 11 of the CEGAT (Procedure) Rules permits dismissal where an appeal is not properly prosecuted and the filed record is procedurally defective. Here, the appellants and their counsel failed to appear, sought no adjournment, and filed an incomplete paper book with illegible copies, including unreadable and unattested versions of the Order-in-Original and a vakalatnama without the requisite court fee stamp. Because the defects prevented effective consideration on merits, the Tribunal dismissed the appeal for non-prosecution and for improper, incomplete filing of documents.

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Outcome: The appeal was dismissed under Rule 11 of the CEGAT (Procedure) Rules for improper and incomplete filing of papers and the absence of the appellant.

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