TMI Blog2018 (2) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... same address. Therefore, the appellant cannot contend that the notice was not received by them. There is no affidavit filed that they have not received notice. It is only a verified petition - In the absence of affidavit the contention that they have not received the notice is not acceptable. Application dismissed. - C/MISC/40172/2017 in C/84/2006 - 40519/2017 - Dated:- 25-9-2017 - Smt. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel appeared and argued the matter for some time and the Bench had adjourned the matter to 08.11.2016 on the request of the ld. Counsel to ascertain the factual position and on such date there was no DB sitting and the appeal was adjourned to 21.12.2016 and the matter was intimated to the appellant by adjournment notice. On 21.12.2016 also there was no DB sitting and it was again adjourned to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r disposing the appeal on merits the appellant has no right to file such application to recall the final order. Therefore, the said miscellaneous application is not maintainable. 4. Heard both sides. 5. On perusal of the impugned final order, we find that the Tribunal has noted that there was no representation on behalf of the appellant. The notice from the Tribunal fixing the date of hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making efforts to dispose of matters upto 2007 and it is specifically notified in the cause-list that there shall be no adjournment for the cases upto 2007. It is also pertinent to mention that though the Ld. Counsel submits that the appellant has not received notice and has filed this application, it is not specifically stated that the ld. Counsel has not received intimation fixing the hearing da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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