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2017 (11) TMI 2 - AT - Central ExciseRestoration of appeal - decision of stay petition ex-parte - Revenue stated that from the very beginning the appellants were negligent and the Tribunal vide Order dated 02.02.2016 decided the stay application in the absence of the appellant after recording that the appellants have not been appearing for so many occasions - Held that: - from the very beginning the appellant has been negligent in pursuing his case before the Tribunal and the Tribunal has granted many opportunities to the applicant to appear and defend the case but when the appellant did not appear, the Tribunal decided the Stay Petition ex parte on 02.02.2016 and thereafter a miscellaneous application was filed for recalling the Stay Order and none appeared for defending the applicant - In view of these facts, we do not find any justified reasons to recall our order - restoration cannot be allowed - application dismissed.
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