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2013 (10) TMI 141 - HC - Central ExciseApplication for Restoration of Appeal Held that - The endorsement by the postal authority that there is nobody in the factory cannot tantamount to the refusal of the appellant nor that can be read as factory was closed as had been read by the Tribunal - The Tribunal ought to have taken fresh steps for service to the appellant in the manner prescribed under law - The Tribunal committed error in rejecting the application of the appellant Appeal was allowed.
Issues:
Challenge to Tribunal's order on restoration of appeal. Analysis: The judgment pertains to an appeal filed under Section 35G of the Central Excise Act, 1944, challenging the Tribunal's order on restoration of the appeal. The Tribunal had decided the appeal on merits and disposed of the cross-objection despite the notice being returned with the remark "there is nobody in the factory." The appellant filed an application to recall the order, which was rejected by the Tribunal. The Tribunal's reasoning for rejection was based on the belief that the factory was closed, and the cross-objection had been considered during the appeal process. The High Court found fault with the Tribunal's decision, stating that the postal authority's endorsement did not equate to the appellant's refusal, nor did it imply the factory was closed. The Court emphasized that the Tribunal should have taken additional steps for proper service to the appellant as per legal requirements. It was concluded that the Tribunal erred in rejecting the appellant's application, as the order was passed without hearing the appellant, warranting a recall of the order for a fresh hearing on the appeal and cross-objection. Accordingly, the High Court set aside the Tribunal's order and allowed the restoration application of the appellant. The appeal and cross-objection were directed to be restored before the Tribunal for a fresh hearing on merits. The judgment ultimately allowed the appeal, highlighting the importance of proper procedure and the right to be heard in legal proceedings.
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