CESTAT asks Registrar to fix responsibility for failure to list Restoration application filed in year 2005
VIDE an order dated September 2005, the appeal filed by Ciens Laboratories against an order-in-appeal dated 31.12.2001 was dismissed for non-prosecution. Consequently, the appellant filed an application for Restoration of Appeal in the month of October 2005.
However, this ROA application never came up before the CESTAT until November 2011.
Piqued at this lackadaisical state of affairs in the Registry, the Bench had (in its words) - "directed the Registry to fix the responsibility of the concerned officer/official as the ROA application was kept pending for more than six years in the registry".
The matter was heard recently. Noting that the applicant had filed the miscellaneous application, along with requisite fee, immediately after dismissal of appeal and explained the reasons for non-appearance on the date fixed, the order of dismissal was recalled and appeal restored to its original number.
Before concluding, the Bench gave the following directions -
“2. As noted above, the reason for not listing the application for six years is not coming out from the records, a copy of this order be sent to the Registrar, CESTAT, New Delhi to fix the responsibility of the concerned officer/official for not listing the application for six years.
3. The Registry is directed to list the appeal for final hearing on 12.07.2012.”
Hopefully, by that date, the 'concerned' officer is cornered.