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2018 (12) TMI 97 - HC - Central ExciseAdmission of appeals u/s 35-G of the Central Excise Act - Court could have proceeded to dismiss the appeals for non-prosecution on account of absence of the counsel for the parties - Held that:- On a reading of Order 41 Rule 19 of the Code of Civil Procedure, it is found that re-admission of an appeal in terms of Order 41 Rule 19 CPC is possible only in a case where the dismissal is one in default simpliciter. However, once the appeal is decided on merits, perhaps the proper remedy was either to seek review of the order or challenge the same before the Apex Court. The reason for non appearance has been sufficiently explained - in view of settled law, the applications are allowed and the appeals are directed to be re-admitted for purpose of hearing - application allowed.
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