Appellant Caught by Railway Police for Travelling in Non-Entitled Class
ONE of the weirdest reasons given for not appearing before the CESTAT saved the day for the appellant.
The facts go thus - Appeal against the order dated 28.01.2008 passed by the Commissioner of Customs (I), Nhava Sheva was dismissed by the Bench earlier but the same was restored by the Bombay High Court on payment of costs quantified at Rs.5000/- vide order dated 08.09.2009 in Writ Petition no. 6548 of 2009. Later, when the Stay Application had come up for hearing on 25.09.2012, the appellant requested that the same be adjourned to 28.09.2012. However, since the appellant failed to appear before the Bench, the Stay application was dismissed for non-prosecution vide order dated 28.09.2012.
Once again, the appellant is before the CESTAT with a Miscellaneous Application for restoration of the dismissed Stay application and submits that the appellant was unable to appear before the Tribunal on 28.09.2012 as he was caught by the Railway Police for travelling in a non-entitled class, which he had boarded by mistake.
The bench after noting the events that preceded the application observed - "The appellant seems to be a habitual defaulter so far as pursuing the proceedings not only before this Tribunal but also before other judicial forum."
Saying so, the CESTAT held -
"2. Considering these facts, we are of the view that costs should be imposed on the appellant for restoration of the stay application. The costs quantified at Rs.5000/- should be paid to the accounts of the Commissioner of Customs (Import), JNCH, Nhava Sheva within four weeks from today. On such payment, the order of this Tribunal dated 28.09.2012 would be recalled and the stay application restored to its original number."
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