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2023 (1) TMI 461 - AT - CustomsSeeking recall of order - early hearing of application was sought by applicant - duty of the applicant to follow the dates on which the application was listed on the website of the Tribunal, if the appellant was interested in pursuing the application - applicant alleged that a notice had not been sent by the Tribunal to the appellant regarding the next date fixed - HELD THAT:- When an early hearing application had been filed, learned counsel should have made all efforts to find out the next date fixed from the website of the Tribunal, as it is not the case of the learned counsel that the applicant was not aware that the matter was listed on August 2, 2022 - when the cause list of August 11, 2022, which is also uploaded on the website of the Tribunal also contained the present matter, the learned counsel should have noted the case and attended the proceedings, but learned counsel did not appear even on the date. As the order mentions, it was adjourned to October 11, 2022 even though learned counsel did not appear. The cause list of October 11, 2022 also contains this matter and there is no reason as to why the learned counsel should not have marked the case in the cause list which was available on the website of the Tribunal. Even on the said date, learned counsel did not appear - It is the appellant who had filed the early hearing application and, therefore, it was the duty of the applicant to follow the dates on which the application was listed on the website of the Tribunal, if the appellant was interested in pursuing the application instead of making a complaint that a notice had not been sent by the Tribunal to the appellant regarding the next date fixed. The applicant has failed out to make out any case for recall of the order dated October 11, 2022. This application is, accordingly, rejected.
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