NARAYAN BUILDERS Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE application is for recalling of Order No. ST/561/2011, dated 14 -10 -2011 vide which the appeals were dismissed for non -prosecution after observing that the same have come up on board a number of times and the appellants were unrepresented on all these occasions. Learned advocate appearing for the applicant submits that the counsel who had to argue the matter was not available in the town and another counsel was directed to appear and seek adjournment. However, the proxy counsel also could not cause appearance. He submits that appellants could not be made to suffer on account of lapse on the part of the advocate.

(2.) Though we find no justifiable reason as advanced on behalf of the appellants, but in the interest of justice, we would like to give another chance to the appellant to argue the matter on merits. We accordingly, allow the ROA application and restore the appeal to its original number and fix the same for final disposal on 20 -4 -2012. We make it clear that no further adjournment would be granted on the said date of hearing and the appellants would cause appearance to assist the Bench for final disposal of appeals on merits.