CHANDRA TOBACCO LTD. Vs. CCE

JUDGEMENT

(1.) This application, filed one by TR Thyagarajan Mudaliar claiming to be duly authorised to represent the appellant -company viz. Sri Chandra Tobacco Ltd., Seeks restoration of the captioned appeal which was dismissed by this Bench on 20.7.2001 vide final order No. 1182/2001 reported in 2002 (142) E.L.T. 66. This matter stood adjourned from time to time at the instance of the applicants' Counsel. The last such adjournment was granted on 27.10.2004. On that day, we were acceding to the party's request for a short adjournment (15 days) for enabling their lawyer to place certain documents before the Bench. Since then, no fresh document has come on record. On the other hand, today, before us, there is a written request of the applicants' Counsel for further adjournment of the matter on the ground that he is pre -occupied with some cases before the Delhi Bench of the Tribunal. The Counsel's application makes no reference to the purpose for which adjournment was taken on the last occasion. The learned SDR opposes further adjournment and points out that the applicants have not succeeded in maintaining this application for restoration of the appeal. She wants the application to be summarily dismissed as not maintainable.

(2.) After examining the past record of proceedings in this application, we are not inclined to allow any further adjournment. It was for filing some documents that the last adjournment was obtained by the party. No document has been filed by them, nor have they sought further time for the purpose. On the other hand, Counsel has sought further adjournment for a different reason which we can hardly appreciate. the applicants' conduct smacks of lack of fides bona. We, therefore, take up the restoration application.

(3.) In this application, the Company is represented by Shri TR Thyagarajan Mudaliar who claims to be Director of the Company. He claims to be "Principal Officer" of the company and to be entitled to sign and verify appeal on their behalf in terms of the CEGAT (Procedure) Rules. This application is for re -calling our order dated 20.7.2001 and for reconsidering the question of locus standi of the applicant to file appeal. After a perusal of the said order, we find that the question of locus standi was examined in detail and a considered view was taken thereon. In that order, the Bench, inter alia considered the resolution passed by the Board of Directors of the Company which reads as under: