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TMI Blog2010 (7) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Kumar, Member (T) REPRESENTED BY : Shri R. Santhanam, Advocate, for the Appellant. Shri Anil Khanna, DR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - Heard. This is an application for restoration of the appeal which was dismissed for default on 8-4-2010. The order passed on 8-4-2010 reads thus : "The matter was called out in the earlier part of the day and it was informed that the Advocate was busy before the Hon'ble Single Member and therefore, the matter was kept back. Accordingly, the matter was kept back and called out again at 3.25 P.M. As none has appeared for the appellants, the same is dismissed for default." 2.The present application filed by the appellant reads th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was called out during morning session, learned Advocate for the appellant was on his legs in Court No. 3 of the Tribunal and therefore the same was passed over to be heard in the afternoon. Since there were 23 more items to be heard, there was uncertainty that the adequate time would not be available in the afternoon for those 23 matters. Secondly, the learned Advocate for the appellant had to rush to the High Court in the afternoon and by the time he returned to the Tribunal, the matter was already dismissed. 4. In the course of hearing, learned Advocate submitted that the matter was taken up for hearing at 2.50 p.m. and it was dismissed for default though it is normal practice that the kept back matters are taken up for hearing at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal to go to any other court. It is settled law that the Advocate being busy in another court can never be a ground for adjournment and for the same reason cannot be a justification for his non appearance. 8. In the circumstances, non appearance/non availability of the Advocate in the afternoon on that day was neither on account of unavoidable circumstances nor on the ground that it was on account of the circumstances beyond control of the Advocate. However, the learned advocate had himself chosen to leave the Tribunal on the ground that he had some other matter in another Court; that cannot be said to be a ground beyond his control to justify his non appearance before the Tribunal at the relevant time. 9. There being no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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