HARBANS SINGH Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) SHRI Gopal Prasad, ld. Counsel arguing the application for restoration of the appeal No. C/56/99 -NB filed by the Shri Harbans Singh submits that on the date of reporting compliance, the Counsel for the applicant had requested for adjournment of the case. He submits that before that date, the applicant had already filed an application for modification of stay order. He submits that this modification application was not considered and the appeal was dismissed for non -compliance. He submits that since the modification application was filed before the date of reporting compliance the modification application should have been considered before dismissing the appeal for non -compliance. He therefore prays that the appeal may be restored and the modification application may be considered.

(2.) SHRI R.D. Negi, Ld. DR submits that in the application for adjournment, there was no mention made that the applicant had already requested for modification of the stay order. He submits that the Misc. application was not placed before the Bench when the matter came up for reporting compliance on 6 -1 -2000. He submits that in this view of the matter, the appeal has rightly been dismissed.

(3.) WE note in the instant case compliance was to be reported on 6 -1 -2000. We further note that the modification application was received on 27 -12 -99. It was numbered but registry failed to put up the modification application before the Bench and the Bench passed the order in the absence of the modification application.