TMI Blog2007 (3) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... early require that the ex parte order again him should be set aside - In view of above, application of the appellant herein was maintainable before the Tribunal – impugned order of tribunal is set aside – tribunal is directed to entertain restoration application on merit - 19 of 2007 - - - Dated:- 26-3-2007 - M. M. Kumar and Rajesh Bindal, JJ. Shri Arun Bansal, Advocate, for the appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 of the CEGAT (Procedure) Rules, 1982 (for short, 'the Rules') did not apply to the case of a respondent because only expression appellant has been used in the rule. 3. We have heard learned counsel for the parties and find that the rule has now been interpreted by the Supreme Court in the case of J.K. Synthetics Ltd. v. Collector of Central Excise, 1996 (86) E.L.T. 472(S.C.) = (1996) 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f its process or, most importantly, to secure the ends of justice. 6. If, in a given case, it is established that the respondent was unable to appear before it for no fault of his own, the ends of justice would clearly require that the ex parte order again him should be set aside. Not to do so on the ground of lack of power would be manifest injustice. Quite apart from the inherent power that ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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