2018 (4) TMI 1195 - AT - Customs

Restoration of appeal - appeal was dismissed for non-prosecution - Held that - taking into consideration the fact that the appellant had attempted to file application for adjournment, the appellant has to be given a chance to contest the case on merits - appeal to be restored - application allowed.

Summary

Issues Involved:
Application for restoration of dismissed appeals due to non-prosecution.

Analysis:
The appellant filed applications seeking to restore appeals dismissed for non-prosecution. The appellant's counsel had requested an adjournment for a hearing scheduled on 22.08.2017 due to an accident, but the case was listed on 03.10.2017 without representation. The appellant produced a letter requesting adjournment dated 21.08.2017, sent by fax and speed post, but there was no proof of the fax being delivered to the CESTAT Registry. Despite no representation on 03.10.2017, the Tribunal considered the appellant's attempt to file the adjournment application. The Tribunal decided to allow the restoration application but imposed a condition. The appellant was directed to pay a cost of ?15,000 to the Revenue within one month and report compliance. Failure to comply would result in the dismissal of the restoration application. The Tribunal also specified that no further chances would be given for the cost payment compliance. A reporting compliance was scheduled for 12.03.2018.

This judgment highlights the importance of timely representation and adherence to procedural requirements in legal proceedings. The Tribunal balanced the appellant's attempt to seek adjournment with the need for compliance, ultimately allowing restoration with conditions to ensure accountability. The decision serves as a reminder of the consequences of non-prosecution and the significance of meeting procedural obligations in legal matters.