2009 (2) TMI 553 - AT - Central Excise

Summary

Issues: Application for recalling of ex parte Final Order.

Analysis:
The judgment pertains to an application filed for recalling an ex parte Final Order. The applicant's Advocate highlighted that the order was passed ex parte due to negligence and inaction on the part of the previous counsel. The Advocate pointed out that the previous counsel failed to represent the applicant, did not contest the case, and did not inform the applicant about the next hearing date set by the Tribunal. Consequently, the ex parte order was passed, leading to the dismissal of the appeal. The applicant, unaware of the order, could not contest the appeal or file an application for setting aside the ex parte order in time.

Furthermore, the Advocate referred to a similar situation where the applicant had filed an application for condonation of delay of 800 days in another appeal, which was condoned by the Tribunal in a previous order. The Advocate also cited a decision of the Honorable Supreme Court in the case of J.K. Synthetics Ltd. v. C.C.E., emphasizing that an ex parte dismissal of an appeal on merits could be restorable if there was a sufficient cause for the party's absence.

After considering the arguments from both sides, the Tribunal acknowledged that the ex parte order was a result of negligence by the learned Counsel. The Tribunal recognized the principle that litigants should not suffer due to the negligence of their counsel. Consequently, the Tribunal decided to recall the Final Order dated 25-1-2007 and scheduled the appeal for a hearing on 26-3-2009. The decision was dictated and pronounced in the open Court, ensuring transparency and adherence to legal procedures.