2014 (1) TMI 1336

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..... ot be sufficient to dismiss an application/appeal for default. Courts/Tribunals are constituted to decide disputes on merits and, therefore, dismissing an application/appeal on the first occasion of non-representation, in our considered opinion, may not be the right course to adopt. A perusal of the facts reveals that counsel for the appellant addressed a letter, Annexure A-7, to the CESTAT, prayi .....

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..... r the appellant submits that application for stay was dismissed for non-appearance of the appellant and its counsel. It is further submitted that counsel for the appellant addressed a letter dated 03.10.2013 to the CESTAT, requesting for an adjournment as he had been advised rest on account of severe cervical pain. The letter was apparently not placed before the CESTAT, otherwise the CESTAT would .....

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..... Courts/Tribunals are constituted to decide disputes on merits and, therefore, dismissing an application/appeal on the first occasion of non-representation, in our considered opinion, may not be the right course to adopt. A perusal of the facts reveals that counsel for the appellant addressed a letter, Annexure A-7, to the CESTAT, praying for an adjournment as he had been advised rest on account o .....

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