Employee not paid salary hence did not inform appellant about hearing date - Appeals restored on payment of cost
AGAINST an order passed by the Commissioner of Customs (Import), Nhava Sheva in the year 2009, the appellants had filed appeals before the CESTAT.
However, these appeals were dismissed by the CESTAT by observing that the matter had been listed on several occasions but the appellant had failed to appear indicating that they were not interested in pursuing the appeals.
The appellants are now before the CESTAT with an application for restoration of their appeals.
It is submitted that they have been out of business since 2005 and they have not been able to revive their business and had engaged on employee to receive communication from various places including the Government departments; that since the said employee could not get salary on time, he did not inform the appellants; therefore, they were not aware of notice of hearing on 30.03.2012 and hence could not be present.
The CESTAT sympathised with the appellants and passed the following order -
"4. In this case, it has been observed that the non-representation of the appellants is not restricted to 30.03.2012 only. The case has been listed several times earlier on 19.12.2011, 20.01.2012 and 30.03.2012 was given as a last chance. Therefore, it is not a case for non-appearance on single occasion but on several occasions. Therefore, the explanation given by the appellant is not convincing as to why they were not represented on earlier occasions. Since the case has been dismissed for non-prosecution, we are of the view that the applications for restoration should be considered only on cost basis."
Taking this view, the Bench directed the appellants to pay a cost of Rs.5000/- for each of the appeals within four weeks and report compliance pursuant to which the appeals/stay applications would be restored.