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2020 (11) TMI 634 - AT - CustomsApplication for out of turn hearing of the appeal - HELD THAT - Because of the unavoidable circumstances, the matter could not be listed for hearing as there was no sitting of Bench. In the meantime, the appellants have filed this Miscellaneous Application on 17.06.2020 for early hearing of the matter. When the appeal has already been listed on board for hearing, there was no occasion to file this Miscellaneous Application. Subsequently, in view of Public Notice No.1 of 2020 dated 30.06.2020, the appellants were required to file their application as per format as prescribed in Annexure-II. I find from the records that they have filed the application in Annexure-II on 20.08.2020. The Miscellaneous Application for out of turn hearing of the appeal is dismissed as infructuous.
Issues Involved: Adjournment of hearing, Miscellaneous Application for early hearing, Proper filing procedure, Direction for submission of documents, Consent for adjournment.
Adjournment of Hearing: The judgment discusses the adjournment of a hearing that was initially scheduled for 24.02.2020 but was postponed to 02.04.2020 at the request of the department's Authorized Representative. Due to unavoidable circumstances and the unavailability of the Bench, the matter could not proceed. The appellants filed a Miscellaneous Application on 17.06.2020 for early hearing, which was deemed unnecessary as the appeal was already listed for hearing. The appellants were later required to file another application in the prescribed format, which they did on 20.08.2020. Consequently, the Miscellaneous Application for out-of-turn hearing was dismissed as infructuous. Miscellaneous Application for Early Hearing: The judgment highlights the filing of a Miscellaneous Application by the appellants seeking early hearing of the matter. Despite the appeal already being listed for hearing, the appellants submitted the application on 17.06.2020. However, as per Public Notice No.1 of 2020, the appellants were instructed to file the application in a specific format, which they complied with on 20.08.2020. The Tribunal dismissed the Miscellaneous Application as it was considered unnecessary due to the appeal already being scheduled for hearing. Proper Filing Procedure: The judgment emphasizes the importance of adhering to the prescribed filing procedures. The appellants initially filed a Miscellaneous Application for early hearing, which was later found to be infructuous due to not following the correct format as per the Public Notice issued. Subsequently, the appellants complied with the filing requirements by submitting the application in the prescribed format on 20.08.2020. Direction for Submission of Documents: During the hearing, the Authorized Representative for the department requested a short adjournment as some essential documents were not available in the file, hindering the presentation of submissions. The Advocate representing the appellants did not object to the adjournment request. The Tribunal granted the adjournment and directed the Assistant Commissioner to come prepared with all necessary documents for the next hearing scheduled for 9 September 2020. Consent for Adjournment: Both parties consented to the adjournment requested by the department's Authorized Representative due to the unavailability of essential documents required for the proceedings. The Advocate representing the appellants did not raise any objections to the adjournment request, leading to the Tribunal granting the adjournment and setting a new hearing date for 9 September 2020.
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