TMI Blog2015 (1) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... e absent one more opportunity is given to them to remain present. This expectation even in today’s e-world is not unreasonable. In such circumstances we would not expect the Tribunal hereafter to reject the requests for restoration of Appeals on the above grounds and to consider them sympathetically by applying liberal principles. With this hope the impugned order is quashed and set aside. - Appeal restored. - Central Excise Appeal Nos. 273 & 283 of 2013 - - - Dated:- 15-9-2014 - S.C. Dharmadhikari and A.K. Menon, JJ. Shri Prakash Shah with Jas Sanghavi i/b PDS Legal, for the Appellant. Shri S.P. Bharati i/b Ms. Anamika Malhotra, for the Respondent. ORDER We have heard Mr. Prakash Shah appearing on behalf of the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retired from the partnership and later on the partnership was continued by the wife/widow of the deceased Manoharlal and his son. However, during the period when this deponent was associated with the firm as a partner no letter/notice was received from the Tribunal nor any order was received in this behalf. 6. We would have expected that when such affidavit is filed on 16th May, 2013 and nothing has been brought on record to the contrary that the Tribunal should have restored the appea1s by allowing the restoration applications. 7. The Tribunal has proceeded to reject the applications for restoration of the appeals by the impugned order with the following observations :- 5. We find that the appeals were filed by the appellants an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 on its file. The litigant and his advocate is expected to pursue the proceedings for a reasonable period. If the appeal is not likely to be heard for nearly 10 years and suddenly it is listed for hearing, the expectation would be that if the Advocate and parties are absent one more opportunity is given to them to remain present. This expectation even in today s e-world is not unreasonable. In such circumstances we would not expect the Tribunal hereafter to reject the requests for restoration of Appeals on the above grounds and to consider them sympathetically by applying liberal principles. With this hope the impugned order is quashed and set aside. The appeals are restored to the file of the Tribunal for being decided afresh on merits an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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