9911796707
TMI Blog2023 (5) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... r time shall be extended and/or granted still the petitioner defendant never availed of the liberty and the grace shown. In fact it can be said that the petitioner defendant misused the liberty and the grace shown by the court. It is reported that as such now even the main suit has been disposed of. The appeal is dismissed for default and non-prosecution in terms of Rule 20 of CESTAT (Procedure) Rules, 1982. - Customs Appeal No. 1016 of 2012 - FINAL ORDER NO. A/85079/2023 - Dated:- 27-1-2023 - HON BLE MR. SANJIV SRIVASTAVA , MEMBER ( TECHNICAL ) And HON BLE DR. SUVENDU KUMAR PATI , MEMBER ( JUDICIAL ) None for the Appellant Shri Manoj Kumar , Assistant Commissioner , Authorised Representative for the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing given in the aforesaid application. Therefore, we are allowing the application and the appeal is restored to its number and the Registry is directed to list the appeal for hearing on its turn. 3.3 After restoration the matter got listed on 29.07.2019 and 03.09.2019 when none appeared. On 17.10.2019 the counsel for the appellant appeared and sought adjournment. 3.4 On 06.11.2019 the matter was heard and order reserved. Subsequently the matter was relisted for hearing on 01.04.2022 and adjourned to 21.04.2022. On 21.04.2022 the matter was adjourned in presence of counsel to 14.07.2022. 3.5 On 14.07.2022 the matter was adjourned on the written request made by the counsel. Thereafter the matter has been listed on 12.12.2022 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imes, the task of adjournments is used to kill Justice. Repeated adjournments break the back of the litigants. The courts are enjoying upon to perform their duties with the object of strengthening the confidence of common man in the institution entrusted with the administration of the justice. Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged. Therefore the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligence and take timely action in order to usher in efficient justice dispensation system and maintain faith in rule of law. We are also awa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice delivery system is not shaken and Rule of Law is maintained. 5.6 In view of the above and for the reasons stated above and considering the fact that in the present case ten times adjournments were given between 2015 to 2019 and twice the orders were passed granting time for cross examination as a last chance and that too at one point of time even a cost was also imposed and even thereafter also when lastly the High Court passed an order with extending the time it was specifically mentioned that no further time shall be extended and/or granted still the petitioner defendant never availed of the liberty and the grace shown. In fact it can be said that the petitioner defendant misused the liberty and the grace shown by the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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