2023 (5) TMI 774

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....ssed under Rule 20 of the CESTAT (Procedure) Rules, 1982 vide our order No. A/85183/2019 dated 23.01.2019 observing as follows:- "None present for the appellant despite notice. Learned AR for the Revenue submits that the matter has been listed on 27.9.2018, 13.11.2018, 18.12.2018 and today, 23.1.2019. He submits that none appeared on behalf the appellant on the above dates nor there was any adjournment request. 2. From the submission of the learned AR for the Revenue, it seems that the appellant is not serious in prosecuting the appeal before this forum. Accordingly the appeal is dismissed for non - prosecution." 3.2 The appeal was restored vide order No. M/85464/2019 dated 15.04.2019 observing as follows:- "Th....

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....g may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Tribunal may, in its discretion, either dismiss the appeal for default or hear and decide it on merits : Provided that where an appeal has been dismissed for default and the appellant appears afterwards and satisfies the Tribunal that there was sufficient cause for his nonappearance when the appeal was called on for hearing, the Tribunal shall make an order setting aside the dismissal and restore the appeal." 3.7 Hon'ble Apex Court has in case of Ishwarlal Mali Rathod vs Gopal & Others vide order dated 20.09.2021 [in Special Leave Petition (Civil) Nos.14117-14118 of 2021] observed as follows: "5.5 Today the judiciary and the ....

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.... conscience is clear and the judicial officer has to bear in mind his duties to the litigants who are before the courts and who have come for justice and for whom Courts are meant and all efforts shall be made by the courts to provide timely justice to the litigants. Take an example of the present case. Suit was for eviction. Many a times the suits are filed for eviction on the ground of bonafide requirements of the landlord. If plaintiff who seeks eviction decree on the ground of personal bonafide requirement is not getting the timely justice and he ultimately gets the decree after 10 to 15 years, at times cause for getting the eviction decree on the ground of personal bonafide requirement may be defeated. The resultant effect would be tha....