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TMI Blog1989 (5) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... had come up before the Bench for hearing on 16th May, 1988 and at the outset of the hearing Shri A.K. Jain, the learned advocate who had appeared on behalf of the respondent had stated that the order-in-appeal was passed on 22nd July, 1986 and the fair copy was attested on 17th September, 1986. On the objection of the advocate, the Bench had directed the appellant to file an affidavit in this regard supported with photo copies of the relevant records. In response the Collector of Central Excise, Bangalore, has filed an affidavit duly supported with the relevant records. Shri A.K. Jain has now submitted that the date of the order-in-appeal is 22nd July, 1986 and its communication to the Collector has been affirmed as 17th March, 1987. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm. From that angle the appeal is well within time. He relies in support on a judgment of the Tribunal in M-131/1988-D, dated 13-6-1988 (CCE Bhubaneshwar v. M/s. Orissa Textile Mills Ltd.). He has argued that the judgment cited by the learned advocate will not help him. 3. We have heard both the sides and have gone through the facts and circumstances of the case. The Collector of Central Excise, Bangalore has filed an affidavit. The affidavit is reproduced below :- Before the Hon ble Customs, Central Excise Gold (Control) Appellate Tribunal, Special Bench-A, New Delhi With reference to interim Order No. 79/88-A dated 13-10-1988 BETWEEN Collector of Central Excise, Bangalore Appellant Vs. M/s. Dynamatic Hydraulics Ltd., Bang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor and requesting him to send the same early (copy enclosed). In response thereto, Collector (Appeals) vide his letter C.No. V/33D/1/86, dated 9-3-1987 (copy enclosed) has sent the copy of the said Order-in-Appeal which was received in this office on 13-3-1987, thus involving a time lag of about six months in getting a copy of the Order-in-Appeal in question. The facts stated above are true to the best of my knowledge and information available from the records. Bangalore Date : 11-1-1989 Sd/- DEPONENT Collector of Central Excise BANGALORE No. of corrections : Nil Solemnly affirmed/Sworn to before me on 11th day of January, 1989. Sd/- Phone: 367896 (Seal) M. SHANTHA, BA, LL.B., ADVOCA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assistant Collector (Legal), on 8-12-1986 received in this office on 22-12-1986, stating that order-in-appeal No. 116/86(B) dated 22-12-1986 passed in appeal No. 8/86(B) in respect of appeal filed by M/s. Dynamatic Hydraulics Ltd., Bangalore against the order-in-original No. 56/85 dated 14-10-1985/29-10-1985 of the Assistant Collector, had not been received in his office so far. In reply to this letter, a copy of the order-in-appeal was sent vide this office letter dated 9-3-1987 and despatched on the same day. A photo-copy of the despatch letter is enclosed, which may be taken as the date the order-in-appeal was received by you. End. One Sd/- (A.K. DUTT) COLLECTOR (APPEALS)" 6. Keeping in view the affidavit of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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