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2018 (9) TMI 1870 - AT - Central ExciseRestoration of appeal - appeal was dismissed for non-prosecution/default of non-appearance - case of appellant is that appearance could not be caused by the appellant on 13.11.2017 as the counsel representing the appellants was engaged by the Central Excise Department to represent them before the High Court and as such under a belief that he cannot argue the matter against the Central Excise Department in Tribunal, no appearance was caused. HELD THAT:- There are no merits in the plea of the assessee inasmuch as there is no adjournment request made by the appellants for bringing the factual position on record and inasmuch as the appellants were unrepresented on all the 3-4 dates of hearing, but in the interest of justice, it is deemed fit to recall the order of dismissal and restore the appeals to their original number. Appeal restored - application allowed.
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