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TMI Blog2012 (1) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... is condoned. While taking up the order dated January 21, 2011 passed by the Tribunal, it needs to be referred that counsel for the petitioner before the Tribunal Shri Mohit Malik had sent an application seeking an adjournment stating that he was suffering from viral fever which was supported by medical certificate. In such circumstances, it cannot be said that the medical certificate, a copy of which has been appended as annexure P5 with this petition was not a genuine document. The Tribunal was, thus, not justified in passing the order dated January 21, 2011 in the absence of the counsel for the petitioner. W.P. allowed - CWP No. 23592 of 2011 - - - Dated:- 31-1-2012 - KUMAR M.M. AND AJAY KUMAR MITTAL, JJ. For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... using to accept the plea of the petitioner that its products are ayurvedic medicines. The petitioner preferred appeals against the said orders before the Joint Excise and Taxation Commissioner (Appeals) who vide order dated May 9, 2007, annexure P3, rejected the same. Feeling aggrieved, the petitioner filed appeals before the Tribunal which were fixed for hearing on January 21, 2011. Notice was sent to Shri Mohit Malik, advocate, who was counsel for the petitioner before the Tribunal at his address at 4, Civil Lines, Ist Floor, Near Hotel Park Inn, Gurgaon. On January 18, 2011, Shri Mohit Malik, advocate, sent a request for an adjournment for January 21, 2011 as he was suffering from viral fever. The application was accompanied by medical c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation could be filed within a period of 60 days whereas actually it was 30 days as provided under the Act. In such circumstances, delay of 30 days had occurred. He submitted that the order passed on January 21, 2011 was in the absence of the counsel who was suffering from viral fever which had caused great prejudice to the petitioner and in the interest of justice, it needs to be recalled and the appeal may be heard on the merits after affording an opportunity to the petitioner. 5. Reply has been filed controverting the submissions made on behalf of the petitioner and supporting the order passed by the majority members of the Tribunal. 6. After giving thoughtful consideration to the rival submissions, we find merit in the submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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