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2020 (3) TMI 911

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....sp;  YOUR LORDSHIP may be pleased to admit and allow the present Civil Application by condoning the delay of 412 days in filing the present Letters Patent Appeal in the interest of justice. (C)      YOUR LORDSHIPS may be pleased to grant any further relief, which may be deemed fit and proper in the interest of justice." 3. It appears that the applicant herein preferred Tax Appeal No. 499 of 2008 challenging the order passed by the CESTAT, Mumbai [2008 (9) S.T.R. 386 (Tri.-Ahmd.)]. Tax Appeal No. 499 of 2008 was ordered to be admitted. The same was notified for final hearing on 14-6-2018. As none appeared on that date, the Court thought it fit to dismiss it for non-prosecution. Thereafter, a re....

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....inst the order passed by the Hon'ble CESTAT dated 22-11-2007. Being Order No. A/2881/WZB/07 [2008 (9) S.T.R. 386 (Tri. - Ahmd.)]. The said tax appeal was filed by the then Sr. Standing Counsel Shri Sudhir Mehta and Shri Sudhir Mehta had filed his appearance and was appearing in the matter. However, Shri Sudhir Mehta resigned from the panel of the Department in between and the aforesaid matter remained with him and the same was not allotted to any other counsel. Hence on 14-6-2018 when the matter was listed before this Hon'ble Court neither Mr. Mehta appeared as he had already resigned, nor any other advocate appeared since it was not allotted to any other advocate and hence the Hon'ble Court dismissed the matter for default vide order dated....