2020 (2) TMI 190

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... l P. Meshram, Authorized Representative for the Respondent ORDER PER : SANJIV SRIVASTAVA The matter was adjourned for today on 11.11.2019. On perusal of earlier Note Sheets and Hearing Notices in the matter following observations are made: (a) Hearing notice dated 27.05.2019 fixed the date for hearing on 17.06.2019. Appellants neither responded to the notice nor appeared for hearing on the ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ombay High Court has in case of Chemipol Vs. Union of India [2009 (244) ELT 497 (Bom.) held as follows: "6. It is thus clear that though part of the Rule 20 of the Rules has been held to be unconstitutional by the Delhi High Court relying upon the decision of the Supreme Court, we cannot altogether lose sight of the rule that every court or tribunal has an inherent power to dismiss a proceeding .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... bmissions in writing, the Tribunal must decide the appeal on merits on the basis of the said submissions. In that case, the Tribunal would not have a power to dismiss the appeal for but where the appellant inspite of notice is persistently absent and the Tribunal on facts of the case is of the view that the appellant is not interested in prosecuting the appeal, it can in exercise its inherent powe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X