2017 (5) TMI 1131 - AT - Central Excise

Restoration of stay application - ex-parte order passed due to default in making the appearance on 09th January, 2017 - Held that - there is sufficient reason for non appearance of these applicants on the date fixed, that is 09th January, 2017, due to delay of train and/or illness of Counsel s father-in-law - in the interest of Justice we recall the stay order dated 09/01/2017 in respect of these appellants/applicants - the stay applications are restored to its original numbers and the same are fixed for hearing on 08th May, 2017 - decided in favor of applicant.

Summary

Issues:
1. Recall of ex-parte stay order dated 09th January, 2017.
2. Non-appearance of appellants on the earlier date fixed.
3. Reasons for non-appearance - delay of train and illness of Counsel's father-in-law.
4. Opposition by revenue for restoration.
5. Granting leave to appellants to bring relevant facts on record for the purpose of hearing the stay application.

Recall of Ex-Parte Stay Order:
The appellants filed miscellaneous applications for the recall of the ex-parte stay order dated 09th January, 2017. The counsel for the appellants explained that they failed to appear on the earlier date due to reasons beyond their control. It was mentioned that the appellants' counsel had informed them about their inability to appear on the fixed date due to personal difficulties. The Manager Accounts of the appellants was authorized to appear before the Tribunal but arrived late due to fog conditions. The counsel relied on a previous Tribunal order and a ruling of the Apex Court to support the recall of the ex-parte order. The Tribunal considered the reasons for non-appearance and recalled the stay order in the interest of justice.

Non-Appearance of Appellants:
The reasons for non-appearance of the appellants were attributed to the delay of the train and the illness of the counsel's father-in-law. The lack of communication between the counsel and the litigant led to the default in making the appearance on the scheduled date. The Tribunal acknowledged these reasons as sufficient for the non-appearance and decided to recall the stay order dated 09/01/2017 for these appellants.

Opposition by Revenue:
The revenue opposed the prayers for restoration of the stay order. However, after hearing the rival contentions, the Tribunal found the reasons presented by the appellants for non-appearance to be valid, considering the delay of the train and the illness of the counsel's father-in-law. In the interest of justice, the Tribunal decided to recall the stay order.

Granting Leave to Appellants:
The Tribunal granted leave to the appellants to bring relevant facts on record for the purpose of the hearing of the stay application by way of a supplementary affidavit. This decision was made in response to the appellants' request, considering that certain events had taken place after the filing of the stay applications in the year 2014. The appellants were permitted to supplement the record with relevant information for the upcoming hearing scheduled for 08th May, 2017.