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TMI Blog2024 (4) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant Shri Anoop Singh , JC ( AR ) for the Respondent ORDER Per M. Ajit Kumar When the matter came up for hearing on 3.4.2024, it was observed that there was no one to represent the appellant. It is seen from case proceedings that this appeal pertains to the year 2014 has come up for hearing on three earlier occasions. The notings in the order sheets of those hearings are as below : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for default or hear and decide it on merits. Hence, he strongly prayed that the matter may be dismissed for default. He also drew attention to the decision of the Tribunal in the case of Pankaj Vs. CCE, Kanpur [2023 (12) TMI 910 - CESTAT Allahabad], a copy of which was also furnished by him. 3. We have gone through the appeal papers and find that one of the notice issued to the appellant has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o gain time. It is a well-accepted position that the accrued right of the opposite party cannot be lightly dealt with. To be unmindful of the lackadaisical manner in which the appellant has proceeded in the matter, would also be contrary to public interest. No further purpose can be achieved by adjourning the hearing to another date. 4. We have gone through the judgment of the Tribunal in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a party to the case who has decided not to take the case forward? 15. It is sad, but true, that the litigants seek-and the courts grant-adjournments at the drop of the hat. In the cases where the Judges are little proactive and refuse to accede to the requests of unnecessary adjournments, the litigants deploy all sorts of methods in protracting the litigation. It is not surprising that civil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceed with the trial at its leisure and pleasure and has no right to determine when the evidence would be let in by it or the matter should be heard. The parties to a suit-whether the plaintiff or the defendant-must cooperate with the court in ensuring the effective work on the date of hearing for which the matter has been fixed. If they don't, they do so at their own peril." 4. Considering th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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