2005 (3) TMI 526

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....rticle 227 of the Constitution of India by the appellant of Appeal bearing No. E/893/90-B which was dismissed by CEGAT on 23-7-99 by their final order bearing No. 753/99-B. By this petition, the petitioner challenges an order dated 17-10-2001 (Annexure P/1) passed by the CEGAT on an application made by the appellant refusing to restore the appeal which came to be dismissed in default on 23-7-99 by....

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....753/99-B, dated 23-7-99 dismissing the appeal for non-prosecution, in spite of notice as per acknowledgment on record. 2. From para 3 of the application, it appears that the appeal was dismissed on 5-11-97 also for non-prosecution. Later on, the matter was restored and posted for hearing on 18-5-99. On the said date also, none has appeared on behalf of the applicants. The matter was again poste....

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.... this Court under Article 227 of the Constitution of India. 5. It is on record as it emerges when one reads the impugned order that almost on all the dates of hearing, the petitioner did not appear in support of the appeal before the Tribunal. In other words they remained absent. In such state of affairs, what does the petitioner expect from the Tribunal to do except to dismiss the appeal ....