2006 (11) TMI 516

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..... er]. -  This application for restoration is filed by the applicant against the order of the Tribunal dated 1-5-2006. 2. Appeal No. 4086/04-NB(S) of the appellant was disposed of by the Tribunal vide its Final Order No. A/730/05, dated 4-5-2005 ex parte. The appellant moved an application for rectification of mistake vide which they sought rectification of mistake in the final order dat .....

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..... llness, which prevented him from being not present in the Court. He submits that he had intimated to the registry seeking adjournment through courier. It is submission that if the application for restoration of appeal is not granted, then the officers of the appellant i.e. (Punjab State Electricity Board) would be in difficulty as they may be issued show cause notice for being non-diligent. 5.&em .....

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..... the officers of the State Government should have been present to inform the Bench. 7. I find that the Hon'ble Supreme Court in the case of J.K. Synthetics v. CCE, 1996 (86) E.L.T. 472 has very clearly held that the respondent should be heard even if the appeal is decided on merits. Since the Hon'ble Supreme Court has categorically stated that the respondent should also be heard, in this case .....

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