TMI Blog2006 (4) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri S.G. Dewalkar, SDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. Heard both sides in this application for restoration. 2. Vide Order No A-1524/WZB/05/EB/CII dated, 10-11-2005 the appeal was dismissed. The Bench found that when the matter was called neither anybody appeared on behalf of the appellant in spite of notice of hearing having been sent to their given addr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2005 knowing that the factory had been attached and was not functioning from February, 2005 onwards, after this engagement, of his, he stayed back at Rohtak. On 5-7-2005, he received a call from the Security Guard at the factory informing him that the factory was completely flooded, because of the heavy rains in Gujarat, and was completely immersed in water. It was only on 8-7-2005, they wrote to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a was going to be auctioned on 6-2-2006 it was then they came to know that their own appeal was dismissed on 10-11-2005 for non prosecution, that the Advocate had withdrawn the vakalatnama in respect of this appeal the sale was consequent to this dismissal of the appeal. 5. The submissions, the historical background, has been recalled by us, to bring out the lack of concern and seriousness tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pertains to the appellant. It is therefore not clear to us as to how the applicants came to understand that the Machinery was being auctioned, and thereafter he learnt about the dismissal of this appeal, which he never has been shown to be concerned or serious to pursue. 6. The detailed events in the family as narrated in the application made before us can only call for sympathy from us but not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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