2009 (10) TMI 695 - AT - Central Excise

Summary

Issues:
Modification of stay order due to absence of appellants during hearing.

Analysis:
The appellants filed miscellaneous applications seeking modification of a stay order as they were not present during the hearing of the stay applications. The learned Advocate representing the appellants stated that the stay applications were filed inadvertently and requested permission to withdraw them. However, the Tribunal noted that the main contention of the applicants was that the stay applications were decided in their absence. The Advocate failed to demonstrate any error or defect in the order passed by the Tribunal and did not establish any merit for modification. It was observed that the applicants' intention was to avoid complying with the stay order by seeking to withdraw the applications. Consequently, the Tribunal dismissed the applications for modification of the stay order dated 24-6-2009.

The Tribunal further directed the applicants to comply with the order dated 24-6-2009 within 8 weeks from the current date and report compliance by 28-12-2009. Failure to adhere to these directions would result in the dismissal of their appeal without any further notice. The decision was pronounced in court, emphasizing the importance of compliance with the Tribunal's orders and directives.

This judgment underscores the significance of following legal procedures diligently and the consequences of attempting to evade compliance with Tribunal orders. It highlights the Tribunal's commitment to upholding the integrity of its decisions and ensuring that parties adhere to the prescribed timelines and requirements.