C/10815/2021 — ARTEX TEXTILE PVT LTD vs MUNDRA

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Customs, Excise & Service Tax Appellate Tribunal West Zonal Bench At Ahmedabad

REGIONAL BENCH- COURT NO. 3 CUSTOMS Appeal No. 10815 of 2021 (Arising out of OIA-MUN-CUSTM-000-APP-211-19-20 Dated- 03/12/2019 passed by Commissioner ( Appeals ) Commissioner of Central Excise, Customs and Service Tax- AHMEDABAD)

ARTEX TEXTILE PVT LTD ........Appellant Khasra No. 282, Gali No. 04, Shalimar Village, Industrial Area New Delhi, Delhi

VERSUS

C.C.-MUNDRA ........Respondent Office of the Principal Commissionerate of Customs,
Port User Buld. Custom House Mundra, Mundra, Kutch, Gujarat-370421

APPEARANCE: None appeared for the Appellant Shri. G Nair, Assistant Commissioner (AR) for the Respondent

CORAM: HON’BLE MR. SOMESH ARORA, MEMBER (JUDICIAL)
HON’BLE MR. C.L. MAHAR, MEMBER (TECHNICAL)

Final Order No. 13223 /2024

                                                          DATE OF HEARING:20.12.2024 
                                                    DATE OF DECISION:20.12.2024 

SOMESH ARORA None has appeared nor is there any adjournment request on record. Matter has come up 17 times earlier on 19.04.2021, 02.08.2021, 03.09.2021, 29.09.2021, 08.09.2023, 02.11.2023, 15.11.2023, 30.01.2024, 13.02.2024, 29.02.2024, 15.03.2024, 18.04.2024, 12.06.2024, 09.07.2024, 01.08.2024, 02.09.2024 and 22.11.2024 and this is the eighteen times. It appears that the party is not interested to pursue the appeal. Therefore, as per the inherent power vested in this Tribunal as noted in 2009 (244) ELT 497 (Bom.) CHEMIPOL Vs. UNION OF INDIA, the present appeal has become liable to be dismissed for non-prosecution. Appeal is accordingly dismissed. However, liberty is being granted to the party to seek restoration of appeal, in case deemed fit by adequately explaining the reasons of non-appearance on each occasion.
2. Appeal is dismissed.
(Dictated & Pronounced in the open court)

                                         (SOMESH ARORA)  
   MEMBER (JUDICIAL) 

(C.L. MAHAR) MEMBER (TECHNICAL)
PRACHI