2010 (7) TMI 187 - AT - Central Excise

Adjournment of hearing Person appearing before Tribunal producing fax copy of vakalatnama in favour of three advocates. Adjournment sought by same person a day before placing similar fax copy and similar ground in relation to another advocate. Held that three advocates engaged as per vakalatnama and if one of them is busy in High Court, other can appear before Tribunal. No justifiable reason disclosed for adjournment. Adjournment application rejected.

Summary

Issues: Adjournment of appeal for non-prosecution

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi involved the issue of adjournment of an appeal for non-prosecution. The appellant was represented by Shri B.S. Awasthi, while the respondent was represented by Shri Sunil Kumar, DR. The order was delivered orally by Justice R.M.S. Khandeparkar, President. The appellant had submitted a fax copy of a letter along with a vakalatnama by the appellants in favor of three advocates. The letter mentioned that one of the advocates, Sh. M.H. Patil, was unable to appear due to matters before the Bombay High Court. However, the tribunal noted that there was no justifiable reason for adjournment as the matter dated back to 2006. Despite the engagement of three advocates, the absence of one was not deemed sufficient reason for adjournment. Therefore, the tribunal dismissed the appeal for non-prosecution, rejecting the application for adjournment.

This judgment highlights the importance of valid reasons for seeking adjournment in legal proceedings. The tribunal emphasized the need for justifiable grounds, especially in cases where matters have been pending for a significant period. The engagement of multiple advocates was considered, but the absence of one advocate was not deemed a sufficient reason to delay the proceedings. The tribunal's decision to dismiss the appeal for non-prosecution underscores the significance of timely and diligent representation in legal matters. It serves as a reminder to parties and their representatives to ensure proper preparation and attendance to avoid adverse outcomes such as dismissal for non-prosecution.