TMI Blog2023 (1) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... that the matter was listed on August 2, 2022 - when the cause list of August 11, 2022, which is also uploaded on the website of the Tribunal also contained the present matter, the learned counsel should have noted the case and attended the proceedings, but learned counsel did not appear even on the date. As the order mentions, it was adjourned to October 11, 2022 even though learned counsel did not appear. The cause list of October 11, 2022 also contains this matter and there is no reason as to why the learned counsel should not have marked the case in the cause list which was available on the website of the Tribunal. Even on the said date, learned counsel did not appear - It is the appellant who had filed the early hearing application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h both the appellant and the learned counsel for the appellant have been served with the notice on 20 th June, 2022 and 22 nd June 2022 but they have not appeared to press the early hearing application. List the application on October 11, 2022 . 2. Thereafter, when the matter was taken up on October 11, 2022, the following order was passed :- When the matter came up before the Bench on August 11, 2022, it was noted that appeal is directed against an order suspending the Customs Broker License, but nobody appeared to press the early hearing application despite the service of notice. Accordingly, the application is listed again today. Even today, nobody appeared to press the early hearing application. It therefore, appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide by recalling said order dated 11.10.2022 and restoring the said early hearing application so that the case may be hear on merit by providing the principle of natural justice to the appellant. 4. Thus, non appearance before Tribunal on said date was beyond control of appellant as he had no prior knowledge of hearing. The appellant have got merit in their early hearing application therefore it is earnestly requested that said early hearing application may kindly be restored by setting aside the above said Miscellaneous order dated 11.10.2022 passed by this Hon‟ble Tribunal and be heard afresh in pursuance of principle of natural justice . 4. During the course of hearing of the application, learned counsel pointed out tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... using the hyperlink Daily Orders or Court Proceedings . The Public Notice also specifically mentions that in case the Bench does not sit for any reason, the adjourned dates of the listed matters will be uploaded in the Court Proceedings . The said Public Notice is reproduced below :- F. No. 01 (05)/Circular/CESTAT/2017 Customs, Excise Service Tax Appellate Tribunal West Block No. 2, R.K. Puram, New Delhi 110 066. Date : 18.02.2019 PUBLIC NOTICE NO. 3/2019 The practice of issuing adjournment notice is dispensed herewith in view of the uploading of Daily Orders on the website. All concerned may find the status of listed matters from the website www.cestatnew.gov.in using the hyperlink Daily Orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Listing 1. C/51675/2021- CU (DB) C/EH/50509/ 2021 ASHOK MALHOTRA COMMISSIONER, CUSTOMS - NEW DELHI (AIRPORT AND GENERAL) Adj. 11/08/2022 MISC. MATTERS 2. ST/52013/ 2016-CU(DB) ST/MISC/ 50208/2022 KOMAL TAK COMMISSIONER, CUSTOMS CENTRAL EXCISE JAIPUR I Adj. 25/10/2022 REGULAR MATTERS 3. C/51737/2018- CU (DB) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son as to why the learned counsel should not have marked the case in the cause list which was available on the website of the Tribunal. Even on the said date, learned counsel did not appear. 11. In paragraph 3 of the application, it has been stated that statement made in the order dated October 11, 2022 with regard to service of notice is not correct since the applicant had not received any notice from the Tribunal that the early hearing application will be listed on October 11, 2022. The order dated October 11, 2022 refers to the statement made in the earlier order dated August 11, 2022, wherein it was noted that both the appellant and the learned counsel for the appellant had been served with the notice, but they had not appeared to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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