9911796707
TMI Blog1998 (9) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... (T)]. The subject application is for restoring the appeal to its original number which has been decided by the Tribunal by its Final Order No. A/402-403/98-NB(DB), dated 25-6-1998 [1998 (103) E.L.T. 675 (Tri.)]. The said order has been passed on merits of the case after considering all the issues involved therein, though no doubt, in the absence of the appellant or their Advocate despite th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmer Advocate, Shri Bipin Garg but he did not appear on that date for one reason or the other not known to him. Therefore, for non-appearance due to the fault of the Advocate the appellants should not suffer. He, therefore, prays for allowing the present application and restoring the appeal to its original number. On this proposition he relies on the following judgment of Supreme Court in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollows :- However, we cannot be a party to an innocent party suffering injustice merely because his chosen Advocate defaulted. Therefore, we allow this appeal, set aside the order of the High Court both dismissing the appeal and refusing to recall that order. In view of the aforesaid observations, learned Advocate fervently prays for allowing the subject application. 4. Opposing the conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... miss the application. We also notice that the Tribunal has already given its judgment which is not on the basis of default, as has been in the case of Rafiq another relied upon by the learned Advocate, but the Tribunal has given its decision on the merits of the case after considering the total facts and circumstances on record. 6. At this stage, learned Advocate relies on Apex Court judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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