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2016 (9) TMI 583 - CESTAT CHANDIGARH

2016 (9) TMI 583 - CESTAT CHANDIGARH - TMI - Restoration of appeal - ex-patre oder passed for non appearance of appellant - applicant contended that it have not received the notice for hearing - Held that:- it is found that the notice for hearing states that the matter was listed on 06.10.2015 and the same has been adjourned to 15.12.2015 before Chandigarh bench. The said notice was issued to the applicant on 16.11.2015. As the merits of the case has not been considered by this Tribunal, therefo .....

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ts have filed an application for restoration of appeal which has been dismissed for non-compliance of Section 35F of the Central Excise Act, 1944. 2. The contention of the appellant is that the stay application was listed on 06.10.2012. For the said date, the applicant have not received the notice for hearing. Therefore, nobody has appeared on behalf of the applicant on the said date. On the said day the order was passed ex-Parte without considering the facts & merit of the case. In that cir .....

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