9911796707
TMI Blog2010 (2) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... R.M.S. Khandeparkar, Rakesh Kumar, JJ. REPRESENTED BY : Shri B.K. Singh, Jt. CDR, for the Appellant. None, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. None present for the applicants/respondents. Shri B.K. Singh, Jt. CDR, present for the opponent, the original appellant. These applications are for restoration of the appeal Nos. E/3407 3408 of 2004 which were disposed of by Final Order No. 727-728/09-Ex on 8th September, 2009 [2010 (250) E.L.T. 243 (Tribunal)]. The present applications were filed on 20th November, 2009. 2. The grounds disclosed in the applications are as under : (i) The counsel had applied for adjournment of the hearing which was not considered and the order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition to the penalty against the Directors, the circumstances under which the adjournment was rejected were elaborately discussed in para 4 of the said order which reads thus : 4. On earlier occasions, the appeals were adjourned from time to time and as many as on three times on account of non-appearance of the advocate for the respondents. Ultimately, when the matter was taken up on 13-8-08, the Tribunal proceeded to dispose of the same in the absence of the respondents after going through the records on merits. Accordingly, by the said order the appeals were allowed. Thereafter, the respondents filed an application being ROA application No. 236-237/2008 in the above appeals for restoration thereof by recall of order dated 13-8-08. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d had been kept in isolation, and that he was unable to appear and argue the matter. The application dated 20-8-09 and the one which is faxed today has been signed by Shri Anurag Rishi. Neither the application dated 8-9-09 nor dated 20-8-98 is accompanied by any medical certificate. In the circumstances, therefore, it is not possible to entertain any such application. Matters relate to year of 2004. The Tribunal has already on earlier occasion having disposed of the matters on account of failure on the part of the respondents to render necessary assistance in the matter and thereafter having recalled the said order and given fresh opportunity to the respondents to put forth their case, it was expected from the respondents to ensure the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applications for restoration of the appeals are being filed. 8. The incidental and ancillary powers of the Tribunal to pass appropriate orders to prevent the abuse of its process or to secure the ends of justice cannot be disputed. However, whether an order was passed in abuse of its process or whether an order is necessary to secure the ends of justice depends upon the facts of each case. To invoke such powers the party has to disclose necessary factual matrix, which is totally absent in the case in hand. There was neither any abuse of its process by the Tribunal in disposing of the said appeals on 8th September, 2009 nor any interference therein is called for as it would not be in the interest of justice, but, on the contrary, it would ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
