Case Law Details
Hello Mineral Water (P) Ltd. Vs Commissioner of Central Excise (CESTAT Allahabad)
CESTAT Allahabad dismissed the appeal for non-prosecution as repeated adjournments were asked for in mechanical and routine manner.
Facts- In this case this appeal filed by the appellant was earlier also dismissed for non prosecution. Subsequently it was restored by the bench on application made by the appellant. However it is observed that that appellant chose not appear even at the time of hearing of the miscellaneous application also appellant was not represented and restoration was done in absentia. Even after restoration appellant has not shown any interest towards prosecuting this appeal. Even in response to the hearing notice no communication has been made by the appellant/ appellant’s counsel.
Conclusion- In case of Ishwarlal Mali Rathod [Order dated September 20, 2021 in Special Leave Petition (Civil) Nos.14117-14118 of 2021] condemning the practice of adjournments sought mechanically and allowed by the courts/ Tribunal’s Hon’ble Supreme Court has observed that Repeated adjournments on one or the other pretext and adopting the dilatory tactics is an insult to justice and concept of speedy disposal of cases.
Held that the present appeal is accordingly dismissed for non prosecution.
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