2005 (9) TMI 91

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..... ant and Shri Giridhar Gopal Tripathi, Advocate on behalf of sole contesting respondent (Commissioner of Central Excise, Kanpur Nagar, Kanpur). Perused impugned judgment and order dated 11-3-2005 (served on the appellant on 11-4-2005) giving rise to the present Central Excise Appeal No. 208 of 2005 filed by the appellant M/s. Trimurti Fragrance Private Limited, Kanpur Nagar, Kanpur. 2.The substant .....

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..... fied and acted in accordance with law in passing the impugned judgment and order dated 11-3-2005 behind the back of the Appellant (respondent before the Tribunal) without considering the genuineness of the ground mentioned for seeking adjournment on the date in question and having proceeded behind the back of the appellant only on the ground that earlier also the matter was got adjourned from time .....

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..... he past. The Tribunal ought to have considered the adjournment application filed on 11-3-2005 (which is said to have been duly supported by medical certificate) on its own merit. 7.There is nothing in the impugned order to show that the Tribunal was not satisfied with the explanation submitted by the appellant in the said adjournment application or the genuineness of the medical certificate annex .....

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..... rnment is sought for the party concerned has a reasonable ground. The mere fact that in the past adjournments had been sought for would not be of any materiality. If the adjournment had been sought for on flimsy grounds the same would have been rejected. Therefore, in our view, the High Court as well as the learned District Judge and the Rent Controller have all missed the essence of the matter. .....

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..... ). 10.In view of the above, impugned judgment and order dated 11-3-2005 (challenged before us) in the present Excise Appeal is hereby set aside and the case is sent back to the concerned Authority/Respondent No. 1 for deciding the matter afresh after notice to the parties and the Tribunal shall endeavour to decide the matter expeditiously. 11.The appeal stands allowed subject to the above observ .....

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