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    <title>2010 (9) TMI 730 - CESTAT, BANGALORE</title>
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    <description>Recall of an ex parte appellate order requires the applicant to show sufficient cause for non-appearance and a substantive matter that was left unconsidered. An adjournment request sent to the Registry by the party, unsupported by proof of counsel&#039;s illness and not properly placed before the Bench, was treated as inadequate to justify restoration. The pending miscellaneous application did not prevent disposal of the appeal because it related to an earlier interlocutory order, and the limitation point was not an independent basis for recall since it had already been considered on the existing record. Recall and restoration were therefore refused.</description>
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    <pubDate>Mon, 06 Sep 2010 00:00:00 +0530</pubDate>
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      <title>2010 (9) TMI 730 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=205836</link>
      <description>Recall of an ex parte appellate order requires the applicant to show sufficient cause for non-appearance and a substantive matter that was left unconsidered. An adjournment request sent to the Registry by the party, unsupported by proof of counsel&#039;s illness and not properly placed before the Bench, was treated as inadequate to justify restoration. The pending miscellaneous application did not prevent disposal of the appeal because it related to an earlier interlocutory order, and the limitation point was not an independent basis for recall since it had already been considered on the existing record. Recall and restoration were therefore refused.</description>
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      <pubDate>Mon, 06 Sep 2010 00:00:00 +0530</pubDate>
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