2009 (9) TMI 772 - AT - Central Excise

Summary

Issues involved: Application for recall of order and restoration of rectification application for hearing on merits due to misunderstanding of hearing date.

Recall of Order and Restoration of Rectification Application:
The applicant's advocate requested recall of the order dated 20-4-09 passed in Rectification Application No. 55/2008 in Appeal No. 3040/04 and restoration of said application for hearing on merits. The advocate believed the next hearing date was 24-4-09, as rectification applications are typically listed on Fridays. However, the Tribunal's cause list showed the application was listed for 20-4-09. The advocate sought an adjournment due to a family event, but the request was rejected, leading to the dismissal of the rectification application. The Tribunal acknowledged the advocate's misunderstanding and the genuine interest of the applicant in pursuing the matter. Despite the rejection of the adjournment request, it was noted that the dismissal was primarily due to the advocate's unavailability. In the interest of justice and considering the advocate's inadvertent error, the Tribunal recalled the order and restored the rectification application for further hearing. The stay application was scheduled for a future date, with no additional notice required for the parties.

Legal Principles and Observations:
The Tribunal emphasized that the party should not suffer due to the advocate's failure, aligning with the consistent view of Courts and Tribunals. The Tribunal's decision to recall the order and restore the rectification application was guided by the principle of ensuring fairness and justice in legal proceedings. The acknowledgment of the advocate's mistake and the subsequent corrective action taken by the Tribunal underscored the importance of upholding procedural integrity while considering the genuine circumstances presented by the applicant.