2005 (8) TMI 133

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..... ion at this stage itself. 2. The petitioner has assailed the correctness of an order dated 4th May, 2005 whereby miscellaneous application No. 307/04-NB(C) seeking restoration of an application for rectification has been dismissed by the CESTAT. 3. The petitioner appears to have filed a rectification application for correction of certain errors allegedly committed by the Tribunal in its order .....

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..... ed application seeking rectification and recall of the order of dismissal. The Tribunal has, by its order dated 14th May, 2005 impugned in this petition, dismissed the said application also on the ground that whenever the application seeking rectification had been posted for hearing, a request for adjournment been made by the counsel appearing for the petitioner implying thereby that requests for .....

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..... and proper. Dismissal of the application seeking rectification for non-prosecution was not the only method to discourage further adjournments or meet the ends of justice nor could a dismissal order be passed to penalise the petitioner for the fault if any of the counsel engaged by him. 6. In the circumstances, therefore, we set aside the orders passed by the Tribunal dated 2nd July, 2004 and 4 .....

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