9911796707
TMI Blog2013 (12) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant. Shri S.M. Vaidya, JDR, for the Respondent. ORDER The application for recalling of the order of this Tribunal and restoration of appeal has been made against the Order No. A/543/2010/SMB/C-IV, dated 16-9-2010. In the said order which had arisen out of order-in-appeal No. RKR(158)68/07, dated 27-8-2007 passed by the Commissioner of Central Excise (Appeals), Aurangabad, the departmental a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wala. I find that the case was adjourned three times earlier at the request of the respondent. Therefore, the request for adjournment is declined." 4. From the above, it is clear that the appellants were afforded sufficient opportunity to present their case, which was not made use of by them. Further, there was no request made by the appellant, either written or oral, requesting for adjournm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal for reasons to be recorded in writing : Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal". 5. The law makes it very clear that for seeking adjournment of hearing, sufficient cause has to be shown and even when sufficient case is shown, the adjournment has to be given only three times and not more than that. In the insta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the CEGAT there was sufficient cause, CEGAT must set aside the ex parte order, restore the appeal to its file and hear it afresh on merits". In their application for restoration they have not given any reason for their absence on 16-9-2010 when their case listed for hearing for the fourth time. Therefore, the ratio of the aforesaid judgment does not apply to the facts of the case. 6. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
