Customs, Excise and Gold Tribunal - Delhi
B.T. Agency (P) Ltd. vs Cc on 22 March, 2000
Equivalent citations: 2000(93)ECR68(TRI.-DELHI)
ORDER G.R. Sharma, Member (T)
1. Arguing the application for restoration of the Appeal, Ms. Sunitha Dutt, ld. Counsel submits that the Appeal of the appellant has been dismissed on the ground that none appeared for the appellants when listed for hearing. She submits that notice for hearing fixed on 27.12.1999 was not issued to her, as she was the Counsel for the appellants on that day. She submits that she had been appearing in the appellants' case on earlier occasions also. She submits that since there was no intimation to the Counsel of the appellants, the Counsel could not appear and thus the absence was not deliberate. She therefore prays that since the notice sent to the appellants had been received back and no notice was sent to the Counsel for the appellants, the Appeal may be restored to its original number and fixed for hearing.
2. Shri R.D. Negi, ld. SDR has no objection, if the Appeal is restored.
3. We have heard the rival submissions. We find that the explanation given by the ld. Counsel is satisfactory. In the circumstances, we allow the Appeal and restore to its original number. The Appeal should now come up for hearing on 11.5.2000.