2009 (6) TMI 70

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.... B.K. Singh, Jt. CDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - When the matter came up for hearing on 5-5-09 the same was adjourned in the presence of the representative of the applicant to this day. Today a letter is received, addressed to the Assistant Registrar which reads as follows :- "With reference to above appointment of 12th June 2009 in con....

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....ment I have to request your goodself to adjourn the above appointment & refix the same after 15 days in the last week of May 2009 as the undersigned is not keeping well. Copy of Medical certificate is enclosed. Inconvenience caused, if any, is highly regretted." 3. It appears that the Chartered Accountant appearing for the appellant is under impression that the proceedings before the Tribuna....

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....09 but still you have given the appointment of 12th June 2009". The learned Chartered Accountants is reminded that the dates of hearing are fixed as per the decision of the Tribunal and not at the sweet will of the parties or their representatives, of course, their convenience is certainly considered. Once the adjournment is granted in the presence of the representative of a party and a specific d....

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....mally performed by Clearing and Forwarding Agents. Being so, we do not find any prima facie case as such for grant of stay of the impugned order. 6. Besides considering the fact that the impugned order has been passed in exercise of power under Section 83 of the Finance Act, 1994 read with Section 35F of Central Excise Act, 1944, bearing in mind the provisions of law comprised under Section 86 ....