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TMI Blog2011 (12) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Dhaval Shah, Advocate, for the Petitioner. Shri Y.N. Ravani, Advocate, for the Respondent. [Order per : Akil Kureshi, J. (Oral)]. - Heard learned advocate Shri Shah for the petitioners and Shri Ravani for respondent nos. 1 & 3. Though served, no one appeared for the respondent no. 2-Registrar of CESTAT. 2. Since similar grievances are voiced in both the petitions, we may record the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , despite notice of hearing having been sent to the appellant well in advance. Tribunal noted that on previous two occasions also, the appellant had remained absent. 5. Tribunal thereafter passed another order dated 9th August 2010 by which the petitioner's appeal came to be dismissed for non-compliance of the provisions of Sec. 35F of the Central Excise Act, 1944. The Tribunal noted that wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants were not causing any appearance before the Tribunal inspite of the notices of hearing having been sent to them." 7. Against these orders passed by the Tribunal, the petitioner has approached this Court. In essence, the prayer of the petitioner is that as the application for waiver of pre-deposit and stay against the orders of the revenue authorities be revived and the petitioner be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, in particular, pointed out that in respect to the application made by the petitioner to the Tribunal under Right to Information Act, the Registrar of the Tribunal conveyed that the orders dated 31st May 2010 and 11th August 2010 were dispatched but were returned back to the office with the postal stamp of "non-delivery" remark. This would further demonstrate that whatever be the reason, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel shall remain present. If there is no representation on behalf of the petitioner on that date, it would be open for the Tribunal to proceed ex parte. It is clarified that this date is fixed only as a preliminary date and it would be entirely the discretion of the Tribunal to fix the date of further or future hearings according to their convenience. 13. With these directions, petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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