TMI Blog1991 (11) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... e President]. The above-captioned appeal was dismissed for non-prosecution vide order No. 267/91-A dated 9th May, 1991. By the present application; the applicants have made a prayer for the recalling of the order passed by the Tribunal. Shri A.K. Singhal, the learned JDR has appeared on behalf of the appellant. He pleaded that the original adjudication was done by the Assistant Collector, Hy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the sides and have gone through the facts and circumstances of the case. The appeal was dismissed for non-prosecution. In the earlier decision of the Tribunal in the case of Collector of Central Excise, New Delhi v. Leatherite Industries Ltd. reported in 1985 (21) E.L.T. 590 (Tribunal) it was held that for non-compliance of procedure rules and lapse on the part of the appellant for not producin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be able to function if there is no sanction behind the Court s order. But penalty of failure to comply with Court s order providing a procedural stage in aid of justice must be commensurate with the gravity of the lapse. If the penalty imposed is disproportionate to the gravity of the lapse or omission, the procedural stage instead of becoming a step in aid of justice would be a road block to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In this case, the Collector concerned has now complied with the directions of the Tribunal in filing paper-books as far back as on 21-9-1984. Though he has taken a lot of time to comply with the directions but in view of the explanation given by him that the file containing the papers was somehow detached from the case file and it remained untraced in spite of persistent efforts made by the Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X
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