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1987 (9) TMI 273

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..... T. Raghavachari, Member (J )]. - This application is for restoration of the appeal which was dismissed on 27-10-1986 under Rule 20 of the Customs, Excise and Gold (Control) Appellate Tribunal (Procedure) Rules, 1982 for default of appearance of the appellants as well as non-compliance with the requirements of the notice of hearing. It is mentioned in the application that on receipt of notice of .....

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..... entional. Smt. Saxena submitted that when, in pursuance of the telegram the appeal was adjourned from 3-9-1986 to 27-10-1986 a copy of the said order was also sent to the appellants indicating clearly that the appeal will be heard on 27-10-1986 and that the paper books, for filing which the appellants had prayed for time in the telegram, were to be filed by 13-10-1986 itself. She, therefore, submi .....

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..... n till now. It may also be noted that in the notice for the hearing today, the applicants had been specifically informed that if the application for restoration of the appeal is allowed the appeal would also be taken up for hearing the same day. The very fact that even so the applicants have not chosen to file a paper book even now would only indicate that the applicants are not very serious about .....

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..... for service and at which address they had admittedly received the notice for the hearing on 3-9-1986. In the circumstances we reject their statement that neither of the orders had been received by them. 6. In the result we hold that no ground has been made out to set aside the order of the dismissal of the appeal for default of appearance on 27-10-1986. This application is accordingly dismissed .....

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