9911796707
TMI Blog2012 (11) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty – Held that:- No notice of hearing order was sent to the applicant - order passed by this Tribunal is an order dismissing the appeal for non-prosecution - in the case of absence of appellant, the Tribunal is to pass the order on merits after going through the records available before it. In the case of Viral Laminates [1998 (4) TMI 136 - HIGH COURT OF GUJARATD] the Hon’ble High Court has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. as their authorised representative to present their case before this Tribunal. On 28-4-2001, this Tribunal granted unconditional waiver of pre-deposit. Thereafter the applicants were under a bona fide belief that their appeal is pending before this Tribunal but all of a sudden an enquiry was conducted by the Superintendent Preventive, Lucknow on 4-1-2006 regarding the payment of penalty which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dismissing the appeal is an order wherein the appeal has been dismissed for non-prosecution, therefore the applicant have filed this application for restoration of the appeal, as they have neither received any notice of hearing nor order dated 12-8-2004 dismissing their appeal. Further, it has been stated that Shri B.N. Rangwani has expired and they were not aware of his whereabouts and under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st decide the appeal on merits if appellant files submissions in writing and Tribunal is not empowered to dismiss the appeal for non-prosecution. Therefore, he prays that the appeal be restored and be heard on merits. 5. Heard the ld. counsel and considered the submissions. 6. We have perused the records and found that in the record, we neither find any notice of hearing nor we find the fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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