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M/s Chandrawati Polymers (P) Ltd. Versus Commissioner Of Central Excise, Ghaziabad

2016 (4) TMI 63 - ALLAHABAD HIGH COURT

Hearing of appeals ex parte - Held that:- Rule 20 of the Rules does not expressly states that an order passed in an appeal, which is heard and disposed of exparte on merits cannot be set aside does not mean that the Tribunal has no power to set aside .....

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s of justice. - In the light of the aforesaid provision, we direct the appellant to file an appropriate application for recall of the order. If such an application is filed, the Tribunal will consider and decide the same after hearing all parties .....

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2016 - Dated:- 11-2-2016 - Tarun Agarwala,J. And Vinod Kumar Misra,J. For the Appellant : Siddharth Yadav,Rakesh Ranjan Agrawal For the Respondent : Ashok Singh ORDER The present appeal has been filed against the order of the Tribunal dated 09.04.201 .....

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Rules, 1982 (hereinafter referred to as the Rules). It was urged by the learned counsel for the respondent that there is no provision under Rule 20 or Rule 21 of the Rules for filing a recall application. For facility, Rule 20 and 21 of the Rules are .....

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d on for hearing, The Tribunal may, in its discretion, either dismiss the appeal for default or hear and decide it on merits: Provided that where an appeal has been dismissed for default and the appellant appears afterwards and satisfies the Tribunal .....

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fixed for hearing of the appeal or on any other day to which the hearing is adjourned the appellant appears and the respondent does not appear when the appeal is called on for hearing, the Tribunal may hear and decide the appeal ex parte." Rule .....

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Rule 20 of the Rules indicates that where an appeal is dismissed for default and the appellant appears, thereafter, and makes sufficient cause for nonappearance, the Tribunal shall pass an order setting aside the dismissal and restore the appeal. Rul .....

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nce of the respondent. Accordingly, since the appellant did not appear and the respondent was present, the Tribunal could have only proceeded under Rule 20 of the Rules. Even though, the proviso to Rule 20 of the Rules provides for moving a recall ap .....

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