1995 (8) TMI 192

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....pondent. [Order]. -  Even though the Miscellaneous Application is filed today seeking modification of the order of the Tribunal dated 12-9-1994, after hearing both the parties, since I felt that before the learned adjudicating authority the appellant's Counsel could not argue the case on 19-10-1993 by reason of his ill-health and has sought adjournment by telegram and also intimation by....

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....erms of the impugned order. The only limited issue for my consideration is with reference to the penalty levied on the appellant. 3. Shri Nazeer, the learned Counsel for the appellant submitted that the case was posted on 24-9-1993 before the learned adjudicating authority and even though the Counsel was present, the learned Collector adjourned the hearing suo moto to 30-9-1993. Since 30-9....

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....s not proper that the matter could have been adjourned. 4. Heard Shri Victor Thyagaraj, the learned SDR. 5. In the present appeal, the issue that arises for my consideration is whether the learned adjudicating authority could have granted adjournment on 19-10-1993. It will be seen from the records that on 19-10-1993, the Counsel was not well and sought an adjournment on grounds of ....

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....journment could have been granted as the Counsel could not be present evidently under unavoidable circumstances on grounds of ill-health. The fact of ill-health has also been brought to the notice of the learned adjudicating authority not only by telephonic message but also by telegram. The normal practice in a court of law is that whenever a Counsel in charge of a case could not appear on grounds....