Vishal Printing Press vs Cc, New Delhi on 15 February, 2001

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Customs, Excise and Gold Tribunal – Delhi
Vishal Printing Press vs Cc, New Delhi on 15 February, 2001

ORDER

V.K. Agrawal

1. This is an application by M/s Vishal Printing Press for restoration of their appeal which was dismissed by the Tribunal Vide Final Order No. A/2191/2000 NB dt. 21-11-2000 for want of prosecution.

2. Ms. Sonam Nagrath, ld. Advocate, submitted that she had appeared before the Tribunal on 12-9-2000 she had appeared before the Tribunal on 12-9-2000 when the Appeal came up for hearing; that day the matter was adjourned to 21-11-2000; that however, by mistake she noted the date of next hearing to be 22-11-2000. In support of her contention, she has produced a photo copy of her diary also. She finally submitted that non appearance on 21-11-2000 had occurred due to noting date of hearing wrongly; that the non appearance was neither intentional nor deliberate.

3. Shri M.D. Singh, ld. S.D.R., mentioned that the date of hearing noted by the Departmental Representative was 21-11-2000 as fixed by the Bench.

4. I find that the Advocate did not appear on the date of hearing because of noting the date wrongly. The reason for non appearance has been explained satisfactorily and it was not for want or prosecution. I, therefore, recall the earlier Order No. A/2191/2000 NB dt. 21-11-2000 and restore the appeal to its original number. The Appeal is posted for final hearing on 26-4-2001.

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