Appellant wants to persuade 'old legal representative' - seeks adjournment
EXCUSES can be many for seeking adjournment and this one may top the list!
An appeal filed in the year 2004 was listed for final hearing on 11.02.2013 and at the request of the appellant the case was adjourned to 14.02.2014. On 14.02.2014 when the case was called, the appellant submitted a letter stating that the authorized legal representative, who was representing the matter earlier, has expressed his inability to continue and, therefore, they wanted to engage a new legal representative. Accordingly, the case was adjourned to 4.4.2014 as a last chance. Again, a request was made by letter dated 26.03.2014 seeking adjournment on the ground that another six weeks' time be granted to brief the new legal representative and, therefore, the case be adjourned to 3 rd week of May 2014.
On 04.04.2014, the Advocate appearing for the appellant submits that the appellant needs time to persuade “old legal representative”.
The CESTAT noted that this request is contrary to the submissions made in the letter dated 26.03.2014 and it appeared that the appellant is only interested in delaying the matter.
Nonetheless, the Bench observed that it did not want to encourage any delaying tactics but in the interest of justice, as a last chance, the case was listed for final hearing on 28.05.2014 subject to the appellant paying a cost of Rs.5000/- to the credit of the CCE, Nagpur.