9911796707
TMI Blog1984 (11) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Krishan Kumar, Advocate, for the Respondent. ORDER This is an application filed by the Collector of Central Excise, New Delhi for restoration of Appeal which was dismissed for non-prosecution and non-compliance with the directions of the Tribunal, by Order No. C237/84-C passed by this Bench of the Tribunal on 30-4-1984. 2. The facts giving rise to this application are that a Show Caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal was constrained to dismiss the Appeal for non-prosecution and non-compliance of the directions. 4. Aggrieved by the said order of the Tribunal, the Applicant filed this Application for restoration of this Appeal alleging therein that the file containing the papers was somehow detached from the case file and it remained untraced in spite of persistent efforts made by the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-prosecution and non-compliance of the directions, i.e. not filing, the 4 sets of relevant papers as required under Rule 16 of the Procedural Rules of this Tribunal. 8. The question arises whether depriving a party of his right of hearing on merit would be justified for non-compliance of the Procedural Rules ? 9. Hon'ble the Supreme Court has answered this question in a decision is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in aid of justice would be a road block to justice." 10. Keeping in view this proposition of law as laid down by Hon'ble Supreme Court, we have to find out whether this lapse on the part of the Department/applicant warrants such a penal action like dismissing its Appeal for non-compliance of the order of the Tribunal in not producing the paper-books in time. 11. A perusal of the recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raced in spite of persistent efforts made by the Department is sufficient enough to restore the Appeal to its original number. 13. Under the circumstances, we hereby restore this appeal to its original number. The date of hearing be communicated to the parties as per the availability of the date in the working diary of the Bench keeping in view the fact that this appeal is of the year 1978.< ..... X X X X Extracts X X X X X X X X Extracts X X X X
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