9911796707
TMI Blog2005 (9) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate on behalf of sole contesting respondent (Commissioner of Central Excise, Kanpur Nagar, Kanpur). Perused impugned judgment and order dated 11-3-2005 (served on the appellant on 11-4-2005) giving rise to the present Central Excise Appeal No. 208 of 2005 filed by the appellant M/s. Trimurti Fragrance Private Limited, Kanpur Nagar, Kanpur. 2.The substantial questions of law, arising in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw in passing the impugned judgment and order dated 11-3-2005 behind the back of the Appellant (respondent before the Tribunal) without considering the genuineness of the ground mentioned for seeking adjournment on the date in question and having proceeded behind the back of the appellant only on the ground that earlier also the matter was got adjourned from time to time either for non-appearance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave considered the adjournment application filed on 11-3-2005 (which is said to have been duly supported by medical certificate) on its own merit. 7.There is nothing in the impugned order to show that the Tribunal was not satisfied with the explanation submitted by the appellant in the said adjournment application or the genuineness of the medical certificate annexed therewith. The Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y concerned has a reasonable ground. The mere fact that in the past adjournments had been sought for would not be of any materiality. If the adjournment had been sought for on flimsy grounds the same would have been rejected. Therefore, in our view, the High Court as well as the learned District Judge and the Rent Controller have all missed the essence of the matter. In that view of the matter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, impugned judgment and order dated 11-3-2005 (challenged before us) in the present Excise Appeal is hereby set aside and the case is sent back to the concerned Authority/Respondent No. 1 for deciding the matter afresh after notice to the parties and the Tribunal shall endeavour to decide the matter expeditiously. 11.The appeal stands allowed subject to the above observations/directions. 12.N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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