M/S. Jupiter Industries Vs. Commissioner of Central Excise, - Court Judgment

Excerpt:

1. none for the appellants. the file shows that this appel was earlier dismissed for want of prosecution on 5.7.2000 by the tribunal. on 11.10.2000, shri o.p.agarwal, chartered accountant of the appellants pleaded for restoration of the appeal on the ground that he informed the registry for adjournment as he was to take his father to ahmedabad for medical check-up. the bench thereafter on 11.10.2000 restored the appeal and posted it for today.today, again shri agarwal has not turned up and sent a letter that his mother has suffered cardiac problem but the letter is not accompanied by any medical certificate regarding his mother's health. it appears that he is only interested in prolonging the proceedings and not in disposal of the appeal. i do not find sufficient ground to adjourn the appeal when it was posted after restoring the same, in his presence. therefore,the appeal of the appellants is dismissed for want of prosecution.

Judgment:

1. None for the appellants. The file shows that this appel was earlier dismissed for want of prosecution on 5.7.2000 by the Tribunal. On 11.10.2000, Shri O.P.Agarwal, Chartered Accountant of the appellants pleaded for restoration of the appeal on the ground that he informed the Registry for adjournment as he was to take his father to Ahmedabad for medical check-up. The Bench thereafter on 11.10.2000 restored the appeal and posted it for today.Today, again Shri Agarwal has not turned up and sent a letter that his mother has suffered cardiac problem but the letter is not accompanied by any medical certificate regarding his mother's health. It appears that he is only interested in prolonging the proceedings and not in disposal of the appeal. I do not find sufficient ground to adjourn the appeal when it was posted after restoring the same, in his presence. Therefore,the appeal of the appellants is dismissed for want of prosecution.