TMI Blog2018 (2) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... of the year 2005 and the Tribunal has been intimating all concerned through the cause list published that there will not be any adjournment in appeals upto the year 2007. We therefore find no circumstances insisting to restore the appeal to the files of the Tribunal - restoration of appeal application dismissed. - C/ROA/40128/2017 in C/406/2005 - 40518/2017 - Dated:- 29-9-2017 - Smt. Sulekha Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal. He relied upon the judgment in the case of J.K. Synthetics Ltd. Vs. CCE - 1996 (86) ELT 472 (S.C.) and argued that even though the appeal was disposed on merits, since being an order passed in the absence of the appellant the same has to be restored. 3. On behalf of the respondent, Ld. DR Shri K. Veerabhadra Reddy strongly opposed the application. He submitted that the appeal has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning that the appeal was earlier listed on 21.09.2016 on which date also none appeared on behalf of the appellant. Therefore, the Tribunal proceeded to dispose the appeal on merits in the absence of the appellant. Further, the cause-list is published in the website of the Tribunal. From the impugned order it is seen that the appeal has been disposed on merits after discussing in detail the issues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rabhat Kumar, Advocate) was appearing earlier to whom notice was issued. This ROA is filed by change of vakalath stating notice was not received by appellant or counsel which is not tenable. Even the affidavit is too economical with facts. The appeal is of the year 2005 and the Tribunal has been intimating all concerned through the cause list published that there will not be any adjournment in app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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