2009 (5) TMI 82 - AT - Central Excise

Non appearance request for adjournment held that - Advocate s engagement in another Court is no ground for adjournment and the law in that regard is well settled, besides the fact that the matter in hand, which was fixed for hearing today, was well known to the Advocate, who has written the said letter, well in advance. One fails to understand what prevented the Advocate from making necessary arrangements to ensure attendance of the representative of the appellant in the Tribunal for today s hearing. His personal inability of appearing today before this Tribunal on account of his personal case at Allahabad High Court cannot be a ground for adjournment of the matter in hand. In the circumstances, request for adjournment is rejected and the application for stay is dismissed for default.

Summary

The Appellate Tribunal CESTAT, New Delhi dismissed the application for stay due to the absence of the appellant's representative. The request for adjournment was rejected, and the application stands disposed of accordingly. Appeal no. E/645/09 was scheduled for further orders on 18-5-2009.