The Customs Appeals Tribunal dismissed the appeal for want of prosecution. The judgment notes repeated adjournments and the appellant's counsel being abroad as evidence of lack of diligence in pursuing the matter.
The appeal was dismissed for want of prosecution due to repeated adjournments and lack of due diligence by the appellant.
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CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, WEST ZONAL BENCH : AHMEDABAD
REGIONAL BENCH - COURT NO. 2
CUSTOMS Appeal No. 12101 of 2016-DB
[Arising out of Order-in-Original No. 01-PR-COMMR-O&A-2016 dated 08.03.2016 passed by Commissioner of Customs, Ahmedabad]
C Mahendra Exports Limited …. Appellant
A/9/10, Block No. 26, Road No. 8, M.G. Road, Udhyognagar, Udhna, Surat- Gujarat
VERSUS
Commissioner of Customs, Ahmedabad Custom House, Near All India Radio, Navrangpura, Ahmedabad, Gujarat
.... Respondent
APPEARANCE :
None for the Applicant
Shri Aakash Singh, Superintendent (AR) for the Respondent
CORAM:
HON’BLE DR. AJAYA KRISHNA VISHVESHA, MEMBER (JUDICIAL) HON'BLE MR. SATENDRA VIKRAM SINGH, MEMBER (TECHNICAL)
ORDER NO. 10324/2026
DATE OF HEARING/ DECISION : 27.04.2026
DR. AJAYA KRISHNA VISHVESHA :
This appeal was dismissed earlier on 09.04.2024 for want of prosecution as neither the appellant nor their Counsel attend hearing fixed on seven occasions. The appellant thereafter, filed ROA application which was allowed vide order No. 10540/2024 dated 19.11.2024 and the appeal was restored. Despite a restored appeal, we find that the matter was adjourned nine times thereafter i.e. on 20.12.2024, 28.03.2025, 08.05.2025, 17.07.2025, 17.09.2025, 14.10.2025, 19.11.2025, 13.01.2026, 20.02.2026.
2
Customs Appeal No. 12101 of 2016-DB
(Dictated and pronounced in the open court)
(Dr. AJAYA KRISHNA VISHVESHA) MEMBER (JUDICIAL)
(SATENDRA VIKRAM SINGH) MEMBER ( TECHNICAL )
KL
C Mahendra Exports Limited
Commissioner of Customs, Ahmedabad
DR. AJAYA KRISHNA VISHVESHA
SATENDRA VIKRAM SINGH
As recorded by the court registry
An appeal in a customs matter before the Customs, Excise and Service Tax Appellate Tribunal.
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