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2024 (3) TMI 589 - AT - Central ExciseMaintainability of appeal - non-prosecution of the case - Request for adjournment, which cannot be accepted in virtual hearing - While making the request for virtual hearing, Counsel also undertakes that he will not seek adjournment in this matter - HELD THAT:- It is also observed that the matter has been listed on the request of the Counsel for the appellant. This appeal has been listed for hearing on 16.08.2023, 15.09.2023, 20.10.2023 and for today. The Counsel for the appellant either in person or through the letter has only sought taking adjournments in the matter. In case of ISHWARLAL MALI RATHOD VERSUS GOPAL AND ORS. [2021 (9) TMI 1301 - SUPREME COURT] condemning the practice of adjournments sought mechanically and allowed by the Courts/Tribunal’s Hon’ble Supreme Court has observed considering the fact that in the present case ten times adjournments were given between 2015 to 2019 and twice the orders were passed granting time for cross examination as a last chance and that too at one point of time even a cost was also imposed and even thereafter also when lastly the High Court passed an order with extending the time it was specifically mentioned that no further time shall be extended and/or granted still the petitioner – defendant never availed of the liberty and the grace shown. In fact it can be said that the petitioner – defendant misused the liberty and the grace shown by the court. There are no justification for adjourning the matter beyond three times which is the maximum number statutorily provided - Appeal is dismissed for non prosecution in terms of Rule 20 of CESTAT Procedure Rules, 1982.
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