9911796707
TMI Blog2001 (6) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... l, Member (T)]. This is an application filed by M/s. B.M. Auto India for restoration of their appeal which was dismissed by the Tribunal vide Final Order No. E/91/98-B1, dated 9-1-1998. 2. Shri Vivek Kohli, ld. Advocate, submitted that the applicant had filed appeal on 6-6-1990 against adjudication Order No. 13 of 1990, dated 20-3-1990, passed by the Commissioner, Central Excise, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the applicant has been dismissed for non-prosecution by the Tribunal. He further submitted that it is apparent from the Final Order in question that the Tribunal had observed that nobody had appeared on behalf of the appellant and the notice sent to them had also come back undelivered with postal acknowledgement factory closed ; that the non-representation before the Tribunal was entirely n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal was filed in June, 1990 and as per the miscellaneous application, both the partners had left Delhi before that date; that Shri Sarabjit Singh had left Delhi for Baroda on 18-1-1985 and settled in Baroda for business purposes; that Shri Paramjit Singh closed the unit in 1989 and left for Canada. The ld. DR contended that inspite of these facts, the address mentioned in the form of appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of passing of the Final Order dismissing their appeal; that it has been held by the Supreme Court in the case of Government of India v. Citedal Fine Pharmaceuticals [1989 (42) E.L.T.515 (S.C.)] that in the absence of any period of limitation it is settled that authority is to exercise powers within a reasonable period and what would be the reasonable period would depend upon the facts of each ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not intimate any new address to the Appellate Tribunal. The application for restoration of appeal has also been filed after the expiry of more than three years period from the date of the Final Order. Though no time limit is prescribed in the statute or in the CEGAT (Procedure) Rules, the application has to be filed within a reasonable time. The Supreme Court in the case of Gram Panchayat (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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