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2012 (10) TMI 1143

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..... t is a matter of chance that I felt very unwell and I found myself incapable to move and to present this case before the Hon'ble Tribunal. 1 made a request to a senior lawyer Sh. Ved Jain to help me to assist the Hon'ble Bench on merits. We were always under the impression that he has attended to the case but this belief did not prove to be true and he did not attend to the proceedings of this case which has resulted into rejection of this appeal. It is because of my ailment which prevented me to attend to the appeal very carefully on the date of hearing and this date of hearing further made me helpless when Sh. Ved Jain did not attend to the appeal and kept us under the wrong impression of attending the case. This attention has re .....

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..... s unwell and he made a request to the senior lawyer Shri Ved Jain to assist him in the case. The second contention of the learned counsel is that as Shri Ved Jain did not attend to the appeal and kept them under wrong impression of attending the case, had made him i.e. the counsel helpless. Even in the prayer clause the learned counsel points out that Sir, the delay of attending the case is my ailment and wrong impression of Sh. Ved Jain and nothing else. Had he informed me about my ailment, I would have attended to the proceedings through some other lawyer. This factum has caused great inconvenience to the client Sh.Gurpal Singh Brar for which I really feel very sorry and pray for relief on merits and I assure you that I will never attend .....

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..... 4.10.2011 at the request of both the parties and date was announced in the open court. On 4.10.2011 none appeared on behalf of Shri Ravinder Bindlish, who had personally appeared on the earlier date of hearing and had sought adjournment for the next date i.e. 4.10.2011. The application for adjournment, however, was moved on 4.10.2011, which was dated 1.10.2011 on behalf of M/s Ved Jain Associates, Chartered Accountant. The said application dated 1.10.2011 talks about the appeal being fixed on 3.10.2011, which is typed; however, an interpolation by pen was made by changing the date to 4.10.2011. The perusal of the record revealed no Power of Attorney in favour of M/s Ved Jain Associates was available on record who is a Charter .....

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