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2014 (2) TMI 323 - AT - Central ExciseRecalling of stay order - exparte order - miscellaneous application was also rejected for non appearance - applicants submits that on the previous date of hearing i.e. on 06/05/2013, his junior who was present in the court wrongly noted the date as 13/06/2013 - Held that:- the miscellaneous application for recalling of the said stay order already stands rejected vide subsequent miscellaneous application No. 59683-59688/2013 dated 25/10/13, we find that the appellants have specifically contended that though they have received the notice but the internet cause list uploaded by the Registry did not show this matter as having been listed on that date. As such, they, by entertaining a reasonable belief that the said matter is not listed, did not cause appearance before the Bench. We have seen the said cause list annexed with the application and find the applicant’s plea to be correct. As such, we are of the view that the said miscellaneous order is also required to be called. - application allowed - order recalled.
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