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TMI Blog2025 (3) TMI 278X X X X Extracts X X X X X X X X Extracts X X X X ..... Court should have dismissed the appeal for non-prosecution in terms of the order XLI Rule 17 CPC and particularly the Explanation thereto instead of dismissing the appeal on merits. The Hon'ble Court after extracting Order XLI Rule 17 of the CPC held that the Explanation to the Order categorically states that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits and went on to allow the appeal. Considering the statutory position and the views expressed by the Hon'ble Apex Court in the various judgments, adjournments can't be given for the mere asking without any serious reason, backed with proof, for the non-appearance of the Appellant or his authorised repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... journment shall be granted for more than three times to a party during the hearing of the appeals. She further stated that as per Rule 20 of CESTAT (Procedure) Rules, 1982, if the appellant does not appear on the date fixed for hearing, the Tribunal may at its discretion either dismiss the appeal for default or hear and decide it on merits. Hence, she strongly prayed that the matter may be dismissed for default. She also drew attention to the decision of the Tribunal in the case of Pankaj Vs. CCE, Kanpur [2023 (12) TMI 910 - CESTAT Allahabad], a copy of which was also furnished by her. 4. We find that the Division Bench of the Hon'ble Supreme Court in Benny D'Souza & Ors vs Melwin D'Souza & Ors [CIVIL APPEAL NO. /2023 @ SLP (C) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be adjourned, the appellant does not appear when the appeal is called on for hearing, the Tribunal may, in its discretion, either dismiss the appeal for default or hear and decide it on merits: Provided that where an appeal has been dismissed for default and the appellant appears afterwards and satisfies the Tribunal that there was sufficient cause for his non-appearance when the appeal was called on for hearing, the Tribunal shall make an order setting aside the dismissal and restore the appeal." We also note that the Rule provides that if the appellant appears afterwards and satisfies the Tribunal that there was sufficient cause for his non-appearance when the appeal was called on for hearing can set aside the dismissal and restore th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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