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2016 (4) TMI 63 - HC - Central ExciseHearing of appeals ex parte - Held that:- Rule 20 of the Rules does not expressly states that an order passed in an appeal, which is heard and disposed of exparte on merits cannot be set aside does not mean that the Tribunal has no power to set aside an ex-parte order. Rule 41 of the Rules gives wide power to the Tribunal to make such orders or give such directions as may be necessary or expedient to give effect or in relation to its orders or to prevent abuse of its process or to secure the ends of justice. In the light of the aforesaid provision, we direct the appellant to file an appropriate application for recall of the order. If such an application is filed, the Tribunal will consider and decide the same after hearing all parties concerned. The appeal is dismissed with the aforesaid observation leaving it open to the appellant to challenge the impugned order of the Tribunal, if necessary, after the disposal of the restoration application.
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