2004 (4) TMI 365

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....ted appeals, for final hearing. The Senior Counsel for the appellants (present applicants) was not present on that day. Her junior prayed for adjournment of hearing on a ground which we have noted in our order dated 19-4-2004. After considering the said ground and other aspects of the case, we granted adjournment of hearing, but on condition that an amount of Rs. 1.00 crore (Rupees one crore only) each be paid by the two applicants for the purpose of Section 129E of the Customs Act. In the present applications, it is stated to the effect that the applicants are incapable of depositing the amount. It is further stated that their Senior Counsel happened to be absent before the Bench on 19-4-2004 on account of her pre-occupation with some High....

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....that a necessary party had not been served at all or had died and the estate was not represented." It is the case of Sh. Chandrasekharan that, in any circumstance, any order passed by this Tribunal cannot be recalled unless it falls within the ambit of any of the four factual situations enumerated in the judgment of the Apex Court. In her rejoinder, learned Senior Counsel for the parties seeks to distinguish the case of Budhia Swain (supra). She submits that the said case dealt with powers of only courts working under the Code of Civil Procedure. 3. We have given careful consideration to the rival arguments. At the outset, we may state that the reason given in the present applications, for non-appearance of the Senior Counsel on ....