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TMI Blog2024 (5) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... ention of such application making it clear that the said application was not placed before the Bench on 1st September, 2023. To get verified the actual facts that the inquiry was marked to Registrar, CESTAT in this respect. From Persual of the report, it is clear that there is no satisfactory explanation in the verification report about as to why the adjournment application was not placed on record. Hence, we hold that there is no irregularity or the error in the final order dated 01.09.2023. However, since there is no denial on part of the concerned section of the registry for having received the application seeking adjournment on 24th August, 2023 i.e. prior the date of final order, we hold it to be a fit circumstance to allow appellant-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 was perused. Vide the said final order the appeal was dismissed observing as follows: None is present for the appellant. Perusal of file shows that appeal is pending consideration since 2021 and at the first available opportunity, the request of the appellant for early hearing of the matter was rejected vide a detailed order dated 03.01.2023. However, the similar request was subsequently allowed vide order dated 13.03.2023. Despite the said fact on record, there had been several other adjournments till 03.08.2023 when the appellant made the substantial arguments, however, had sought time to place on record the additional submissions. The matter was adjourned for today while accepting the said request. Today none has appeared for the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as follows: The adjournment application was securely tagged by the registry on the file on 24.08.2023. The Court Master, Mr. V.P. Chug, now retired, failed to bring the adjournment request to the notice of the Bench on 01.09.2023. The file was received back by the registry on 20.09.2023 after uploading the final order on 20.09.2023. The Bench while passing the Final Order on 01.09.2023, also did not see the adjournment application dated 24.08.2023. 4. The bench observed certain lacunae in the said report and thus vide order dated 23.01.2024 directed the Registrar to re-verify requisite facts as mentioned in the said order and thereafter to file the report supported by affidavit of both the persons whose names were mentioned in the said rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it was called for with a finding that the adjournment application was on the file of the Customs Appeal No. 51712 of 2021 when the matter was called on 1.9.2023 and the court master (now retired) failed to bring it to the notice of the bench and that the Bench also did not see the application. For the above reasons, re-verification of facts is unwarranted especially when the court master has unreservedly admitted that he failed to bring the adjournment application to the notice of the bench. 7. Keeping in view the said reports and having heard the rival contentions to the Miscellaneous Application, we observe and hold as follows: 7.1 The impugned appeal was filed on 27th September, 2021. An application seeking early hearing was also filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eived the letter from Shri Sachin, LDC in concerned section. Even ld. D.R. has denied receiving any copy of the said application. Hence, we are not convinced with the mention that the written request of appellant was before this Bench on 01.09.2023. The report, however, reveals that the said application was received in registry on 24.08.2023 by the concerned LDC, Shri Sachin. 7.4 From the above discussion, it is clear that there is no satisfactory explanation in the verification report about as to why the adjournment application was not placed on record. Hence, we hold that there is no irregularity or the error in the final order dated 01.09.2023. However, since there is no denial on part of the concerned section of the registry for having ..... X X X X Extracts X X X X X X X X Extracts X X X X
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