M/S. TuticorIn Port Trust, TuticorIn Vs. Cce, Tirunelveli - Court Judgment

SooperKanoon Citationsooperkanoon.com/1149258
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided OnMay-02-2014
Case NumberST/COD/42298 & 42299 of 2013 & ST/MISC of 42300 & 42301 of 2013 in ST/42390 & 42391 of 2013 (Arising out of Order-in-Appeal Nos. 42 & 43 of 2012 dated 20.9.2012 passed by the Commissioner of Central Excise (Appeals), Madurai)
JudgeTHE HONOURABLE MR. P.K. DAS, JUDICIAL MEMBER
AppellantM/S. TuticorIn Port Trust, Tuticorin
RespondentCce, Tirunelveli
Excerpt:
1. the applicant filed this application for condonation of delay of 57 days involved in the filing of the appeal. the learned ar on behalf of revenue submits that the delay of filing appeal would be 65 days. none appears on behalf of the applicant despite issue of notice. the learned ar submits that the matter was adjourned on several occasions but nobody appeared on behalf of the applicant. 2. after considering the submissions of the learned ar and on perusal of the records, i find that the matter was adjourned on 2.8.2013, 10.1.2014 and 7.3.2014. it seems that the applicant is not interested to proceed in the matter. accordingly, the cod application along with stay and appeal are dismissed for non-prosecution.
Judgment:

1. The applicant filed this application for condonation of delay of 57 days involved in the filing of the appeal. The learned AR on behalf of Revenue submits that the delay of filing appeal would be 65 days. None appears on behalf of the applicant despite issue of notice. The learned AR submits that the matter was adjourned on several occasions but nobody appeared on behalf of the applicant.

2. After considering the submissions of the learned AR and on perusal of the records, I find that the matter was adjourned on 2.8.2013, 10.1.2014 and 7.3.2014. It seems that the applicant is not interested to proceed in the matter. Accordingly, the COD application along with stay and appeal are dismissed for non-prosecution.