SMI ELECTROWIRE PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Issue 7. Mr. Mridul appears on behalf of the respondent and agrees to the disposal of the writ petition 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 dated 29th April, 2003. The said application appears to have come up before the Tribunal for hearing on 13th February, 2004 and 19th March, 2004 when the matter was adjourned at the request of the petitioner. The application then came up for hearing on 2nd July, 2004, on which date yet another request appears to have been made by Shri Vipul Raheja, advocate appearing for the petitioner in writing for adjournment of the case. This request was declined by the Tribunal on the ground that the matter had been adjourned on earlier two occasions also and could not, therefore, be adjourned any further. Consequently, the rectification application was dismissed for non-prosecution.