TMI Blog1992 (9) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Tribunal, West Regional Bench, Bombay (hereinafter referred to as the CEGAT). This order was made by the CEGAT in an appeal filed by the writ petitioners overruling their objection relating to the request of prosecuting agency being represented by an authorised representative i.e. Advocate in the adjudication proceedings before the Collector (see Exhibit C to the petition). 2. The Division B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to appear before the Central Excise Officer is permitted to appear by an authorised representative. There is no indication in this section permitting the Collector who has issued the show cause notice to allow the department to be represented by an authorised representative. In view of this statutory provision, Counsel urged that overruling of the objection raised by the petitioners over appointme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the subject matter of show cause notice and having regard to the facts and circumstances of the case, the Collector, who issued the show cause notice thought it fit that the Department be represented by an authorised representative. He also urged that no prejudice is caused to the petitioners. Petitioners are represented by Advocates. Issues involved are complicated. In the interest of justice i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted. "Interim order is accordingly refused. Ad interim order to stand vacated. The observations made in this order are tentative. Mr. Hidaytulla applies for continuation of the ad interim order passed by this Court on 29-7-1992. Mr. Sethna vehemently opposes. In our opinion/this is not a fit case where ad interim order be allowed to continue. Application rejected. Certified copy of the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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