2001 (2) TMI 416 - AT - Central Excise

Restoration granted for missed adjournment request due to festival, ROM application reinstated for hearing.

The Appellate Tribunal CEGAT, New Delhi allowed the restoration of M/s. Vishwanath Prasad Santosh Kumar's ROM application, which was dismissed for ... Restoration of review application - dismissal for non-prosecution - registry receipt of adjournment request - recall of order - adjournment request on grounds of festivalRestoration of review application - dismissal for non-prosecution - registry receipt of adjournment request - recall of order - Application for restoration of the Review/ROM application dismissed for non-prosecution - HELD THAT: - The Tribunal found that a letter from the appellant's counsel seeking adjournment on account of the Deepawali festival was received by the Registry on 25-10-2000, as evidenced by the Tribunal's rubber stamp on the letter. That request was not placed before the Bench and, in the absence of such placement, the ROM application was dismissed for non-prosecution. In these circumstances the Tribunal exercised its discretion to recall the earlier miscellaneous order dismissing the ROM application and to restore the matter for hearing. The ROM application was accordingly posted for hearing on 3-4-2001. [Paras 3]Earlier Misc. Order No. M/207/2000-NB dated 27-10-2000 recalled and the ROM application posted for hearing on 3-4-2001.Final Conclusion: The Tribunal recalled the order dismissing the ROM application for non-prosecution because the Registry had received an adjournment request which was not placed before the Bench, and restored the ROM application for hearing on 3-4-2001. The Appellate Tribunal CEGAT, New Delhi allowed the restoration of M/s. Vishwanath Prasad Santosh Kumar's ROM application, which was dismissed for non-prosecution due to a missed adjournment request for the Deepawali Festival. The application was reinstated for hearing on 3-4-2001.