Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2015 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 1425 - HC - Central ExciseMaintainability of appeal - By the first order the stay application was dismissed for want of non-prosecution and, by the second order, the appeal was dismissed for not complying with the order of the Tribunal dated 30th August, 2013 - HELD THAT:- Admittedly, the order dated 30th August, 2013 was an ex parte order. Since certain directions were indicated in that order, which was not known to the petitioner, therefore, the question of its compliance on or before the next date of hearing could not arise. The Tribunal was harsh in dismissing the appeal on a technicality - matter remanded to the Tribunal for deciding the appeal on merit after hearing the parties - appeal allowed by way of remand.
|