2008 (6) TMI 150 - AT - Central Excise

Application for restoration of appeal ex-parte order by tribunal - appellant has admitted that the notice for hearing on the original date was received by him. As per the system prevalent at relevant time no further notices were issued and the appellant was required to check the cause list from net to find out the next date of hearing which he failed to do so - order has been passed on merits after taking into account the relevant case laws and the facts of the case application is rejected

Summary

The appeal for restoration was rejected as the appellant failed to check the cause list for the next hearing date, even though he had received the initial hearing notice. The Tribunal passed the decision on merits considering relevant case laws and facts. The request for restoration was deemed not genuine.