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2019 (8) TMI 128

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..... eals. All the above facts compel us to dismiss the appeals again for non-prosecution. Appeal dismissed. - Excise Appeal No.1988 of 2008, 1989 of 2008, 1990 of 2008 - Final Order No. 71491-71493/2019 - Dated:- 31-7-2019 - MRS. ARCHANA WADHWA, MEMBER (JUDICIAL) And SHRI ANIL G. SHAKKARWAR, MEMBER (TECHNICAL) Ms. Shaivya Agrawal (Proxy Counsel) for the Appellant (s) Shri S.K. Singh, Singh, Authorized Representative for the Respondent ORDER MRS. ARCHANA WADHWA : The matters have a chequered history. The appeals were filed in the year 2008 and thereafter were being listed for disposal repeatedly. As the appellants were not represented and were not .....

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..... s passed by the Bench:- On matter being called neither anybody appeared nor is there any adjournment request. We also note that the matter have earlier been dismissed for non-prosecution by observing that they were being repeatedly listed for final disposal and appellant were absent on every occasion. However, the matters were subsequently restored vide Miscellaneous Order No.70285-70287/2018 and were directed to be placed before the Division Bench. Thereafter also we note that the same had come up for disposal but were adjourned at the request of the appellant. Though we are of the view that the matters again are required to be dismissed for non prosecution as it seems that appellant are not interested in perusing the appea .....

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..... appearance by the Proxy Counsel and her readiness to argue the matter in the absence of Vakalatnama and subsequent request to further adjourn the matters so as to enable her to procure Vakalatnama is nothing but a ploy on the part of the appellants to further delay the matters. 7. After going through the above reproduced chequered history of the matter, we note that the appellants have been delaying the disposal of the appeals with a conscious mind. The appeals are almost 11 years old whereas this Bench of the Tribunal is disposing of appeals filed in the year 2018. The appearance of the Proxy Counsel today, without a Vakalatnama in her hands, clearly reflects upon the intention of the appellants not to proceed ahead with th .....

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