TMI Blog2006 (8) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. 4692 of 2006 - - - Dated:- 3-8-2006 - H. L. Gokhale and V.R. Kingaonkar, JJ. [Order per]- Heard Mr. Atish D. Ray for the petitioner. Mr. Shetty appears for the respondents. 2. Rule. Made returnable forthwith. 3. The petitioner seeks to challenge the order of the Central Excise and Service Tax Appellate Tribunal dismissing the application for condonation of delay in filing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on earlier date. When the matter reached before the Tribunal on 4 th May, 2006, Smt. Maniprakash appeared and in a query by the Bench, she stated that she had been making efforts to contact the petitioner. The petitioner had requested her to appear in the matter, but she had not received necessary instructions and therefore she had informed Mr. Nadkarni by giving him letter that no instruction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 7. On a query from the Court Mr. Ray stated that the petitioners had given Bank Guarantee before adjudicating authority to the tune of Rs. 6 lacs and that has been encashed in the meanwhile. 8. In view of what is stated above, though Mr. Shetty appeared for the respondent No. 2 3 and strenuously opposed the petition, we allow it and set aside both these orders namely first one dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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