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TMI Blog2024 (5) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... t of prosecution without going into the merits of the case. It is further submitted that the Advocate for the appellant had sent a request vide letter dated 24.08.2023 seeking an adjournment on the ground that due to the pre-occupation the counsel has to be out of station and thus will not be possible for him to appear before this Court. It is submitted that in the light of the said letter the final order dated 01.09.2023 is not sustainable and is required to be recalled. At this stage the final order dated 01.09.2023 was perused. Vide the said final order the appeal was dismissed observing as follows: "None is present for the appellant. Perusal of file shows that appeal is pending consideration since 2021 and at the first available oppor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... py thereof is mentioned to have been annexed with the present application. Perusal shows that the receiving stamp of the Registry on the said application is dated 24.08.2023. In view thereof, Registrar is hereby called upon to enquire as to why the letter as was received on 24.08.2023 was not placed before the Bench on 01.09.2023. Remaining submissions on the application shall be taken up thereafter. The report from Registrar be awaited for December 19, 2023. 3. The report dated 18.01.2024 was filed by Registrar with conclusion as follows: "The adjournment application was securely tagged by the registry on the file on 24.08.2023. The Court Master, Mr. V.P. Chug, now retired, failed to bring the adjournment request to the notice of the B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dingly, the matter was kept reserved for orders after receiving the report. 6. The report dated 09.04.2024 got received from Registrar CESTAT, however without the affidavits as were asked for. The report concludes as follows: "4. I have seen the file in Customs Appeal No. 51712 of 2021 when it was brought before me as part of the inquiry and found the adjournment application securely tagged in the file verifying to the statements made by all the staff concerned. 5. The report was filed based on a proper enquiry conducted according to what it was called for with a finding that the adjournment application was on the file of the Customs Appeal No. 51712 of 2021 when the matter was called on 1.9.2023 and the court master (now retired) fai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve, the final order has no mention of such application making it clear that the said application was not placed before the Bench on 1st September, 2023. To get verified the actual facts that the inquiry was marked to Registrar, CESTAT in this respect. 7.3 In the said report, there seems no satisfactory explanation about the fact that the written request of appellant for adjournment dated 24.08.2023 was on record of appeal memo on 01.09.2023 received. Not even from the statement of Court Master. There is no specific mention in his statement that he received the letter from Shri Sachin, LDC in concerned section. Even ld. D.R. has denied receiving any copy of the said application. Hence, we are not convinced with the mention that the written ..... X X X X Extracts X X X X X X X X Extracts X X X X
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