TMI Blog1991 (11) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhatnagar, Vice President]. - This is a restoration application filed with reference to the order of the Tribunal dated 15-7-1991 dismissing their appeal for default and for non-prosecution. 2. -The learned counsel drew attention to their petition and emphasised that "on 15-7-1991, the counsel for the appellant was unable to attend to the hearing of this Hon'ble Tribunal because the counsel was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey arc Under the impression that the matter may be adjourned and the appellant is very much interested in contesting the appeal. That the appellant had been deligent in pursuing the appeal and the balance of convenience lies in favour of the appellant and he would therefore pray that the appeal may be restored. 5. The learned DR opposed the prayer staling that the appellants were given sufficie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Shri Vashist's request for adjournment. It is observed that the records that on 22-4-1991 it was observed inter alia that "considering the past several adjournments in this case there will be no adjournment and the parties informed". In spite of it the party sought further adjournment on 9-5-1991 and today once again no authorised person has appeared. In the circumstances we feel that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cautious. Furthermore the Bench had taken into account their past conduct and noted past several adjournments and the fact that they had been cautioned on 22-1-1991 that no further adjournment may be given. Therefore their contention that they were under the impression that they may be granted adjournment was incorrect. In the above circumstances we are of the opinion that sufficient cause has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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