2011 (3) TMI 1208

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..... application is to be disposed of within one month and opportunity was given after 20 days of filing the appeal, when the application was to be disposed of in a time-bound manner, the applicants should have been given the earliest opportunity to defend their case. In this case, it is a matter of record that opportunity of being heard of the stay application was given after 20 days of the filing of .....

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..... thority for non-compliance with the provisions of Section 35F of the Central Excise Act, 1944. 2. The facts of the case are that the appellants filed an appeal against the adjudication order dated 30/06/2009 before the Commissioner (Appeals) on 15/09/2009. Thereafter, the matter was listed for consideration of stay application of the appellant by the Commissioner (Appeals) on 05/10/2009. On t .....

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..... been passed for non-compliance of the provisions of Section 35F of the Central Excise Act, 1944. We find that the appeal can be disposed of at this stage itself.Therefore, after granting waiver of pre-deposit of the dues adjudged, we take up the appeal for final disposal. 5. On examination of the records, we find that the appellants has filed an appeal before the Commissioner (Appeals) on 15/09 .....

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