2000 (1) TMI 294

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..... .- In both these matters, while hearing the stay application, the ld. Counsel appearing for the applicant submitted that the Commissioner (Appeals) has disposed off the appeal before him by dismissing the same for non-compliance of the stay order, without hearing the applicant, and without even considering the modification application filed prior to the passing of the impugned order. In suppor .....

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..... the passing of the impugned orders, evidently was not considered in the impugned orders before dismissing the appeal. There is no indication that any notice was issued to the applicant before passing the orders. When a modification application is filed, it should have been considered first and disposed off after hearing the party. As per the decisions in the rulings referred above, failure to give .....

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