TMI Blog2005 (3) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... ia by the appellant of Appeal bearing No. E/893/90-B which was dismissed by CEGAT on 23-7-99 by their final order bearing No. 753/99-B. By this petition, the petitioner challenges an order dated 17-10-2001 (Annexure P/1) passed by the CEGAT on an application made by the appellant refusing to restore the appeal which came to be dismissed in default on 23-7-99 by CEGAT. 2. By means of this pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al for non-prosecution, in spite of notice as per acknowledgment on record. 2. From para 3 of the application, it appears that the appeal was dismissed on 5-11-97 also for non-prosecution. Later on, the matter was restored and posted for hearing on 18-5-99. On the said date also, none has appeared on behalf of the applicants. The matter was again posted for hearing on 22-7-99, on which date also, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India. 5. It is on record as it emerges when one reads the impugned order that almost on all the dates of hearing, the petitioner did not appear in support of the appeal before the Tribunal. In other words they remained absent. In such state of affairs, what does the petitioner expect from the Tribunal to do except to dismiss the appeal or adjourn it. It was done by the Tribunal to accommo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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