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2019 (8) TMI 1589 - HC - Central ExcisePrinciples of natural justice - Grievance of the Appellant is that the case of the Appellant was never considered or decided, as discernible from paragraph 28 onwards of the order passed by the Tribunal - HELD THAT:- The discussion in paragraph 29 is in respect of the Appeal No. E/50476/2016-Ex[DB] filed by Shankar Lal Jain, Appeal No. E/50489/2016-EX[DB] filed by Kailash Chandra Agrawal and Appeal No. E/50491/2016-EX[DB] filed by Bajrang Lal Jain. These are the cases at the 1st, 3rd and 4th slots/levels mentioned on the top of the face sheet. Paragraph 30 of the order passed by the Tribunal deals with Appeal No. E/50497/2016-Ex[DB] filed by Rooplaxmi Industries India Pvt. Ltd. which is the 5th case mentioned on the top of the face sheet of the order passed by the Tribunal. There is no discussion with regard to the case of the Appellant anywhere, but for the discussion in respect of the other five appeals. There are considerable force in the submission made by the Appellant to the effect that the common order dated 21-12-2018 passed by the Tribunal cannot be said to be an order in the appeal preferred by the Appellant which is pending for consideration as E/50432/2016-EX [DB] - the matter requires to be reconsidered only insofar as the appeal of the Appellant is concerned. Appeal allowed by way of remand.
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