Can CESTAT dismiss an appeal for want of prosecution?

Hon’ble Supreme Court held that Tribunal could not have dismissed the appeal filed by the appellant for want of prosecution and it ought to have decided the appeal on merits even if the appellant or its counsel was not present when the appeal was taken up for hearing. The High Court also erred in law in upholding the order of the Tribunal.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 10265 of 2014
Special Leave Petition (C) No. 8738 of 2014

BALAJI STEEL RE-ROLLING MILLS

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