9911796707
TMI Blog2017 (5) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... o default in making the appearance on 09th January, 2017 - Held that: - there is sufficient reason for non appearance of these applicants on the date fixed, that is 09th January, 2017, due to delay of train and/or illness of Counsel’s father-in-law - in the interest of Justice we recall the stay order dated 09/01/2017 in respect of these appellants/applicants - the stay applications are restored t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties. 3. The learned Counsel for the applicant have stated that the appellants failed to appear on the earlier date fixed on 09th January, 2017, due to reasons beyond their control. It have been stated in the application that the counsel of these appellants had informed the appellant(s) that they are unable to appear on the date fixed due to their personal difficulties. Accordingly, as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d this Tribunal by Final Order dated 31/12/2012 was pleased to dispense with the pre-deposit under Section 35F of the Act and was further pleased to remand the appeals for denovo adjudication after following the principles of natural Justice. The learned Counsel further placed reliance on the Ruling of the Apex Court in the case of JK Synthetics Ltd Vs Collector of Central Excise reported at 1996 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is stated that father-in-law of learned Counsel was seriously ill at that time and the Counsel had immediately left for Alwar to take care of his ailing father-in-law. Under these circumstances, there was a lack of communication between the Counsel and the litigant, that is the reason for default in making the appearance on 09th January, 2017. 5. Heard learned A.R. for revenue, who opposes t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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