1984 (11) TMI 336

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....J.D.R., for the Appellant. Shri Krishan Kumar, Advocate, for the Respondent. ORDER This is an application filed by the Collector of Central Excise, New Delhi for restoration of Appeal which was dismissed for non-prosecution and non-compliance with the directions of the Tribunal, by Order No. C237/84-C passed by this Bench of the Tribunal on 30-4-1984. 2. The facts giving rise to t....

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....and in those circumstances this Bench of the Tribunal was constrained to dismiss the Appeal for non-prosecution and non-compliance of the directions. 4. Aggrieved by the said order of the Tribunal, the Applicant filed this Application for restoration of this Appeal alleging therein that the file containing the papers was somehow detached from the case file and it remained untraced in spite....

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.... the Appeal was dismissed not on merit but for non-prosecution and non-compliance of the directions, i.e. not filing, the 4 sets of relevant papers as required under Rule 16 of the Procedural Rules of this Tribunal. 8. The question arises whether depriving a party of his right of hearing on merit would be justified for non-compliance of the Procedural Rules ? 9. Hon'ble the Supreme....

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....n, the procedural stage instead of becoming a step in aid of justice would be a road block to justice." 10. Keeping in view this proposition of law as laid down by Hon'ble Supreme Court, we have to find out whether this lapse on the part of the Department/applicant warrants such a penal action like dismissing its Appeal for non-compliance of the order of the Tribunal in not producing the p....