9911796707
TMI Blog2012 (12) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... gaged before this Court. The petitioner also states that they have given intimation seeking adjournment on the above stated plea. There is nothing on record to show that the petitioner has been seeking adjournments frequently to avoid hearing. Unless and until it is shown that the conduct of the party is to avoid appearance without just or reasonable cause, there is no justification to decline grant of further time. On this score, the order passed in the stay petition without giving an opportunity of hearing to the petitioner appears to be arbitrary and there has been a violation of the principles of natural justice. The impugned order is passed without giving adequate opportunity to the petitioner. - Matter remitted back for fresh decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment to any other date convenient to the Commissioner. 3. It is not in dispute that in respect of M/s.GEA Cooling Technologies, on the date of hearing 5.11.2012, the Commissioner (Appeals) passed an order ex parte in the stay application and the receipt of this letter has been recorded in that order. In the present case, the petitioner's counsel was very much before this court on 6.11.2012 and that is recorded in the adjournment letter dated 6.11.2012. The factum of receipt of the letter and the request through facsimile is not in dispute. However, without considering the said request, the authority has proceeded to pass the interim order in the stay petition. Therefore, prejudice and hardship is caused to the petitioner stating that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd denied by the authority in spite of the fact that the petitioner had clearly stated that they are attending the High Court in another matter and sought for adjournment. The fact that they sought for adjournment expressing inability to attend the case in view of the matter before the High Court is recorded in the impugned order in paragraph (5), which reads as under: "5. A Personal Hearing was scheduled on 5.11.2012. No one appeared for the personal hearing and they have expressed their inability to attend due to other cases in the Hon'ble High Court and hence could not keep up the timings. Hence, I am constrained to take up the stay petition for decision, based on the material on record. It is a settled issue that the adjournment to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is a request for adjournment, but in the later portion of the same paragraph, it is disregarded stating that there was no such request. 7. If the appeal is to be disposed of on such a short date, namely on 3.12.2012, the authority could have taken up the appeal itself on 3.12.2012 instead of ordering pre-deposit. Therefore, in this case, such a direction to pre-deposit 50% of the CENVAT Credit for the purpose of hearing the appeal is totally un-called for. 8. Mr.Vikram Ramakrishnan, learned counsel for the respondent states that if the Court is inclined to set aside the order as above, the petitioner may be directed to appear on the next hearing date without fail and the authority will hear and pass orders on the stay petition there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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