Super Electronics Vs. Commissioner of Customs - Court Judgment

Excerpt:
1. the applicants filed this application for recalling the final order no. a/959/2000-nb(s), dated 29-5-2000. the tribunal, vide above mentioned final order, dismissed the appeal filed by the appellants for non-prosecution, as none appeared on behalf of the appellants.2. ld. counsel submits that on 29-5-2000, due to traffic jam, he reached the tribunal late and when came to the court, the order had already been passed. he moved an application for recalling of the final order at 11.40 a.m. on 29-5-2000. he, therefore, submits that the final order may be recalled.4. the appeal filed by the appellants was dismissed on 29-5-2000 and the applicants on the same day at 11.40 a.m. filed the present application, therefore, the final order no. a/959/2000-nb(s), dated 29-5-2000 is recalled and the appeal is restored to its original number. adjourned to 10-1-2001 for arguments.

Judgment:
1. The applicants filed this application for recalling the Final Order No. A/959/2000-NB(S), dated 29-5-2000. The Tribunal, vide above mentioned final order, dismissed the appeal filed by the appellants for non-prosecution, as none appeared on behalf of the appellants.

2. Ld. Counsel submits that on 29-5-2000, due to traffic jam, he reached the Tribunal late and when came to the Court, the order had already been passed. He moved an application for recalling of the Final Order at 11.40 A.M. on 29-5-2000. He, therefore, submits that the final order may be recalled.

4. The appeal filed by the appellants was dismissed on 29-5-2000 and the applicants on the same day at 11.40 A.M. filed the present application, therefore, the Final Order No. A/959/2000-NB(S), dated 29-5-2000 is recalled and the appeal is restored to its original number. Adjourned to 10-1-2001 for arguments.