2006 (8) TMI 116

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..... orthwith. 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 petitioner's appeal, which order was passed on 16th November, 2005 and the subsequent order dated 4th May, 2006 declining to restore the appeal. 4. It has so happened that when the application for condonation of delay .....

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..... 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 instructions were forthcoming from the party and that the matter be adjourned. She told the Tribunal that instead of whatever was instructed to Mr. Nadkarni, the Bench noted that he had no instructions and therefore he was not pressing .....

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..... ve, 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 dismissing the application for condonation of delay and secondly declining to restore the appeal. Consequently, the application for condonation of delay will stand restored to the file of Tribunal. It will be for the Tribunal to decide .....

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