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2010 (11) TMI 332 - AT - Central ExciseAppeal to Appellate Tribunal - Restoration of - The appellants filed application for restoration being ROA - It is settled law that once such application is disposed of, only remedy available to the aggrieved party is before the higher authorities and not before the same authority, unless the party is able to point out an error apparent on the face of the order passed while disposing such application - Merely because the party had opted intentionally or otherwise to omit a particular ground in the earlier application, that does not give right to the party to file another application incorporating such ground, once the previous application has been finally disposed of - Tribunal taking into consideration all the facts relevant for deciding whether the appeal deserves to be restored or not, disposed of the application by passing a reasoned order - The issue of restoration of appeal is concerned, therefore, this Tribunal became functus oficio on passing of such order - It is not permissible for the party to reagitate and for the same reason for the Tribunal to reconsider the said issue under another application. Appeal - The party as well as advocate were fully aware that the matter was fixed for hearing on 8th of April 2010 and in fact the advocate was very much present during the morning session in the Tribunal - Thus , the appeal that the party is penalised for absence of his advocate is rejected. Inherent powers of the Tribunal - The same cannot be exercised as a matter of course - The party desiring the Tribunal to exercise such powers has to make out a case for the same - Find no substance in the application and the same is dismissed.
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