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2017 (6) TMI 258 - AT - CustomsRestoration of appeal - appeal was dismissed for non prosecution - case of Revenue is that In spite of giving sufficient opportunities, appellant's prayer for adjournment one after another, the appellant and Counsel have remained absent on 03.10.2016. The same is abuse of the process of law which cannot be entertained - case of appellant is that the miscellaneous order dated 26.09.2016 adjourning the case to 03.10.2016 was not received by the Counsel and it was received by the Id. Counsel only on 05.10.2016. That for this reason the Counsel could not appear for hearing on 03.10.2016. - Held that: - Instead of passing a docket order granting adjournment and posting the next date of hearing of the case, the Tribunal, in order to make it clear that the appeal will be positively taken on the next date passed the above miscellaneous orders. So the ground put forward by the appellants that they received the copy of the miscellaneous orders on 05.10.2016 and therefore could not appear on 03.10.2016 is baseless and impermissible - In the present case, especially when the Tribunal directed the appellants to get ready with the matter, there was a strong responsibility on the part of Counsel for appellants to follow up the hearing date of the appeals - there is no ground to interfere in the order passed by the Tribunal, for the reason that the appellants have been given sufficient chances for arguing their case on merits - appeal cannot be restored - decided against applicants.
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