9911796707
TMI Blog2001 (5) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... ame up for final hearing on 14-8-1998. Since the Tribunal did not have time to take up these matters they were adjourned. Three appeals, namely, E/1574/93-A, E/1668/94-A and E/3180/93-A were adjourned to 16-9-1998. The fourth appeal, namely, E/1621/93-A was adjourned to 17-9-1998. 2. On 16-9-1998 when the three appeals, namely, E/1574/93-A, E/1668/94-A and E/3180/93-A were taken up for hearing, there was no representation on behalf of the appellant. This Tribunal heard the Learned Departmental Representative and disposed of those appeals. Tribunal announced dismissal of these appeals on 16-9-1998 and reasoned order was to be dictated later. 3. When appeal E/1621/93-A was called for final hearing on 17-9-1998 appellant was represented be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r recall of the Final Orders 1348-1350/98-A. 6. As stated earlier, the three appeals referred to above were disposed of on 16-9-1998 by Final Order Nos. 1348-1350/98-A. Along with the application for rectification of mistakes referred to hereinbefore, they also filed restoration application (ROA) on 3-12-1998. Appellant did not take any step to have that application posted before the Tribunal. Learned Counsel representing the appellant while moving the ROM also did not ask the Tribunal to have the ROA also posted for disposal. Only when it was found that their attempt to get the Modvat credit allowed failed, they sought to rake up the issue. At the instance of the appellant those applications, filed on 3-12-1998, were got posted now. Thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were disposed of without affording an opportunity of being heard. These appeals stood posted to 14-8-1998. Appellant was aware of that posting date. It was on that day, three appeals were adjourned to 16-9-1998 and another appeal by the same appellant to 17-9-1998. On 17-9-1998 appellant appeared. They did not turn up on 16-9-1998. Their failure cannot be attributed to any Act on the part of this Tribunal. They themselves are responsible for their failure. This Tribunal passed the final order after hearing the Departmental Representative and after perusing the records. In such a situation and in view of the subsequent order passed by the Tribunal we do not find any ground to recall final order dated 16-9-1998. 9. These petitions are dev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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