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2016 (4) TMI 63 - ALLAHABAD HIGH COURT

2016 (4) TMI 63 - ALLAHABAD HIGH COURT - 2016 (334) E.L.T. 483 (All.) - 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 an ex-parte order. Rule 41 of the Rules gives wide power to the Tribunal to make such orders or give such directions as may be necessary or expedient to give effect or in relati .....

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sal of the restoration application. - CENTRAL EXCISE APPEAL No. - 26 of 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 09.04.2015 dismissing the appeal filed by the appellant ex-parte on merits. From a perusal of the order of the Tribunal, we find that the Tribunal had proceeded to decide the matter ex-pa .....

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may be adjourned, the appellant does not appear when the appeal is called 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 that there was sufficient cause for his nonappearance when the appeal was called on for hearing, the Tribunal shall make an order setting aside the dismissal and restore the app .....

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