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2009 (6) TMI 673 - HC - Central ExciseWrit petition - whether the petitioner is entitled to file an application for setting aside the order and restore the appeal - respondent has passed orders on merits, even though without hearing the petitioner, due to the petitioner’s non-appearance. The non-appearance of the petitioner is due to non-service of any notice of hearing - it is evident that before passing the order in the appeal, the petitioner was not heard - in the case of Sarwan Singh v. Kishan Singh (SC), held that merely because of the fact that the appeal was dismissed on merits could not be a ground to refuse restoration. The dismissed of the restoration application passed by the High Court was set aside by the Honourable Supreme Court and restoration of the second appeal was ordered, petitioner is right in contending that it is entitled to pray for setting aside of the order passed in the appeal and to hear the appeal on merits after hearing the petitioner or its counsel, writ petition is ordered on the above terms
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