AARVEE DENIMS AND EXPORTS LTD. AND Vs. CCE

JUDGEMENT

(1.) These are two applications, by M/s. Aarvee Denims and Exports Ltd., Ahmedabad, for restoration of their appeals, which have been dismissed for non -prosecution, vide Final Order No. 909 -910/2003 -NB(B). dated 5.12.2003.

(2.) Shri Jitendra Singh, learned Advocate, submitted that the default in appearance on 5.12.2003, had taken place on account of confusion and mis -understanding on the part of the applicants; that the default on their part may be condoned taking lenient view as the applicants are interested in pursuing their appeals; that the previous adjournments, in these appeals, may not be considered as factor against them because the previous adjournments were not on account of applicants' request; that the Hon'ble High Court of Gujarat has held in the case of Viral Laminates and Ors. v. CCE that the Tribunal has no power to dismiss the appeal in default for appearance.

(3.) opposing the prayer, Mrs. Charul Barnwal, learned SDR, submitted that the appeals were posted for regular hearing after various adjournments, on 4.12.2003; that the request for adjournment was made on behalf of the learned Advocate through his clerk; that the matter was adjourned for 5.12.2003 and the date was duly noted by the clerk of the learned Advocate; that on 5.12.2003, neither anybody was present nor any request for adjournment was received.