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Judgment
These three Appeals have been filed against the same order dated 08.02.2023 rejecting the I.A. filed by the Appellants for non-prosecution.
Learned counsel for the Appellant submits that although the Appellant was present in the Court but cannot hear the calling of the application(s) and cannot reach the dais, by the time application was rejected for nonprosecution.
Learned counsel for the Respondent submits that all the applications were listed and everyone was aware of the listing of the applications. He, however, submits that the Court in the same order has imposed cost while allowing some applications.
In facts of the present case, we are of the view that ends of justice be served in setting aside the order passed by the Adjudicating Authority dismissing the I.As for non-prosecution. The orders passed in respective I.As being I.A. Nos. 4739/2022, 4740/2022 and 4741/2022 are set aside and I.As are restored before the Adjudicating Authority to be heard and decided in accordance with law. Appeals are disposed of accordingly.