Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2015 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 337 - CHHATTISGARH HIGH COURTWaiver of pre deposit - Ex parte order - Held that:- It is apparent that no reasonable explanation has been furnished by the Petitioner for non-appearance on 7-1-2009 much less any unavoidable reason or circumstances. A litigant can certainly seek an adjournment of a case but not as a matter of right much less can it take the Tribunal or Court for granted in adjourning the matter at the wish of the litigant. Adjournment of the case on a prefixed date is the discretion of the Court to be exercised reasonably and prudently keeping all aspects and interest of the parties in mind. Nothing prevented the Petitioner from ensuring appropriate representation on its behalf on 7-1-2009 and making the same prayer. If the Petitioner adopted a presumptive stand in its favour it has only itself to blame. If that were not enough, the petitioner did not bother to even ascertain as to what was next date fixed before the Tribunal and again ignored appearance on 12-2-2009 at its own risk. Adjournment before a Court or a Tribunal cannot be sought by sending a Fax letter. If that were to be so the entire system of adjudication would itself collapse for uncertainty of hearing. - petitioner is directed deposits the sum of ₹ 50,00,000/- with interest at the rate of 9% per annum from 12-2-2009 within a maximum period of 30 days - Decided conditionally in favour of assessee.
|