Customs, Excise and Gold Tribunal - Delhi
M/S Vishwanath Prasad Santosh Kumar vs Cce Allahabad on 13 February, 2001
Equivalent citations: 2001(130)ELT569(TRI-DEL)
ORDER
V.K. Agrawal
1. This is an application by M/s Visnwanath Prasad Santosh Kumar for Restoration of their ROM application which has been dismissed for non-prosecution vide Misc Order No. M/207/2000-NB dt. 27-10-2000.
2. Shri P.N.Awasthi, Ld. Advocate, submitted that the ROM Application was posted for hearing on 27-10-2000; that he had sent a letter to the Tribunal which was received by the Registry of the Tribunal on 25-10-2000, requesting for Adjournment of hearing on account of Deepawali Festival; that this letter was not placed before the Bench in absence of which ROM application was dismissed for non-prosecution. I also heard Shri K. Panchatcharam, Ld. DR, who leaves the matter to the discretion of the Bench.
3. I have considered the submissions, and I observe that the letter addressed by the Ld. Advocate was received by the Registry on 25-10-2000 which is apparent from the rubber stamp of the Tribunal on the letter of the Advocate. As this request was not placed before the Bench, the ROM application was dismissed. I, therefore, recall the earlier Misc. Order No. 207/2000-NB dt. 27-2-2000 and post the ROM application for hearing on 3-4-2001.