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2003 (9) TMI 586

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..... per : P.G. Chacko, Member (J)]. - This application is by the appellant s Advocate. It is for recalling Final Order No. 347/2003-NB(C), dated 21-5-2003 passed in the captioned appeal. When the appeal had arisen to be heard by the Bench on 21-5-2003, there was no one to represent the appellants, though a letter dated 24-3-2003 of their Advocate seeking adjournment of the hearing was noticed. How .....

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..... present application seeks to recall that order on the strength of the following decisions :- (1) 1999 (105) E.L.T. 423 (T) - Paharpur Plastics v. CCE, Meerut (2) 2000 (122) E.L.T. 147 (T) - Gujarat Steel Tubes v. CCE, Ahmedabad (3) 2001 (130) E.L.T. 569 (T) - Vishwanath Prasad Santosh Kumar v. CCE, Allahabad. (4) 2000 (8) S.C.C. 532 (S.C.) - State Bank of In .....

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..... s. This ratio is not applicable to the instant case inasmuch as this is not a case of denial of adjournment on the said ground. Thus none of the decisions cited by the Advocate is helpful to the applicants. 6. Apart from the above, we also note that this application for recalling the Final Order in the appeal has been filed by the Advocate and is not even accompanied by any affidavit of the part .....

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