1996 (4) TMI 334

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..... . [Order per : P.K. Desai, Member (J)]. - Today only the Stay Petition was listed for hearing, however considering the issue involved, granting waiver against the pre-deposit, we take up the appeal for hearing. 2. This appeal is directed against the Order-in-Original No. DRI/BZU/C/5/95/5364, dated 13-12-1995, passed by the Commissioner of Customs, Sahar International Airport, Mumbai, impo .....

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..... im and that has resulted in denial of right of hearing amounting to non-compliance with the principles of natural justice. In his submission therefore, the matter may go back to the Commissioner for appropriate decision. He undertakes to keep the appellant present on the day as fixed for the personal hearing. 4. Shri Krishnamurthy the ld. JDR however submits that the notice for personal hear .....

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..... th the consultant undertakes to either keep the appellant present or personally represent him at the time of personal hearing, it seems just and proper that the order passed Ex parte is set aside, with the direction that the Commissioner may fix suitable date for hearing and serve the notice the appellant as also the ld. Consultant who has personally undertaken to keep the appellant present at the .....

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