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2018 (6) TMI 997 - HC - Central ExciseRectification of Mistake application - Application for condonation of delay was filed. This application was dismissed by the Tribunal by an order dated 16.09.2005 holding that proper explanation for delay has not been given. This order was passed in absence of the representatives of the company - Held that:- The appellants could have at least brought these facts to the notice of this Court for out of turn hearing. No such attempt was made. After more than a decade now we would be remanding the proceedings before the Tribunal for fresh decision on merits which should have happened in the first instance and in any case, would have been the order passed by the Court if the appellant had been vigilant enough to press the appeal for early hearing - Delay caused in filing appeal before the Tribunal is condoned - appeal to be heard on merits.
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