2009 (9) TMI 772

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.... for the Appellant. Shri B.L. Soni, SDR, for the Respondent. ORDER Heard at length the learned advocate for the applicant and learned DR. This is an application for recall of the order dated 20-4-09 passed in Rectification Application No. 55/2008 in C.E. [2009 (238) E.L.T. 466 (Tri. - Del.)] Appeal No. 3040/04 and for restoration of said Rectification Application No. 55/08 for hearing on ....

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....se for recalling the said order and restoring the application for rectification. It is his further case that there was no attempt on the part of the applicant to delay the proceedings and he is certainly interested in pursuing with the matter. The learned advocate for the applicant while arguing the matter submitted that he was under the impression that the matter was adjourned to 24-4-09 from 6-3....

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.... When the matter was taken up on 22nd April, 2009, the application presented by the advocate on behalf of the applicant was rejected and the rectification application No. 55/08 was dismissed. It is true that order discloses the date of 20-4-09, which was obviously a typing mistake. We have perused the cause list of 22-4-09 and it clearly shows that the Rectification Application No. 55/08 was liste....

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....apparently afterthought. Having noted as above, the fact remains that it was essentially on account of non-availability of the advocate that the matter was dismissed. 5. It has been the consistent view of the Courts and Tribunals that any failure on the part of the advocate, the party should not be made to suffer. Bearing the same in mind and in the interest of justice, we recall our order date....