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2015 (12) TMI 1831 - HC - Central ExciseCondonation of delay of 60 days in filing of appeal - appellant received the notice for hearing of condonation application, but on 28-10-2013, he did not appear and the appeal was dismissed in default - appellant applied for restoration of appeal on the ground that notice was received by his untrained staff, who did not inform him about the date of hearing on 28-10-2013 - HELD THAT:- The Court should endeavour to decide the appeal on merit, instead of dismissing it on technical ground and for any pardonable lapse on the part of party, cost can be imposed. We, therefore, having regard to the facts and circumstances of the case, set aside the impugned order and direct the Tribunal to restore the appeal on a cost of ₹ 5000/-. The appellant shall now appear before the Tribunal on 21-12-2015 - Appeal allowed.
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