2009 (5) TMI 739

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..... der Shah, DR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. Heard the representative of the applicant and the learned DR. It is the contention on behalf of the applicant that in spite of the inability of the Advocate for the appellant to appear on 31-11-2007 before the Tribunal, the matters were disposed of in Appeals No. 2937, 2938, 2940 of 2004 on mer .....

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..... his aspect was totally ignored by the Tribunal while disposing of the said appeals and that is an error apparent on record which according to the applicant justifies the exercise of powers under Section 35C(2) of the Central Excise Act, 1944 for recall of the order dated 30-11-2007 and to rehear the appeals. 3. Considering the law laid down by the Apex Court in D.P. Chadha v. Triyugi Narain Mish .....

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