2017 (5) TMI 1377 - AT - Central Excise

Validity of ex-parte Final Order - natural justice - Held that - in the interest of justice, we allow this miscellaneous application for recall of the Final Order dated 09th April, 2015 for this applicant/appellant M/s Chandravati Polymers Pvt. Ltd., subject to cost imposed of ₹ 50,000/- to be paid in Prime Minister National Relief Fund - appeal restored.

Summary

Issues:
Recall of ex-parte Final Order

Analysis:
The judgment concerns a miscellaneous application filed by M/s Chandravati Polymers Pvt. Ltd. seeking the recall of an ex-parte Final Order dated 09.04.2015. The Hon'ble Allahabad High Court, in a related matter, observed that the Tribunal has the power to set aside an ex-parte order if sufficient cause is shown by the appellant for non-appearance. The Court directed the appellant to file an appropriate application for recall, emphasizing the Tribunal's wide powers under Rule 41 to secure the ends of justice. Following this direction, the appellant filed a recall application on 22nd July, 2016, citing issues with the service of notices and changes in the company's address. The Tribunal acknowledged the discrepancies in notice delivery and, in the interest of justice and compliance with the High Court's directions, allowed the recall application for M/s Chandravati Polymers Pvt. Ltd. subject to a cost of &8377; 50,000 to be paid to the Prime Minister National Relief Fund.

The Tribunal, in line with the High Court's directions, directed the registry to restore the original appeal to its number and set a final hearing date for the long-pending matter from 2005 on 08th June, 2017. The Tribunal explicitly stated that no adjournments would be granted, emphasizing the need for timely resolution. The order was passed in the presence of the appellant's counsel, ensuring transparency and procedural compliance in the proceedings.