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TMI Blog2012 (11) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 4-9-2009, the stay petitions are required to be disposed of first as the order waiving the requirement of pre-deposit also stands recalled - E/1381-1383/2009 - 26-28/2012-EX(BR)(PB) - Dated:- 5-1-2012 - Ms. Archana Wadhwa, Shri Rakesh Kumar, JJ. REPRESENTED BY : S/Shri J. Vellapally, Sr. Advocate and Ajay Agarwal, Advocate, for the Appellant. Shri Sunil Kumar, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J) (for the Bench) (Oral)]. The present application stands filed by the applicant to recall the stay cum final order dated 4-9-2009 passed by the Tribunal vide which the appeals filed by the applicants were dismissed. As per the appellants, they had filed the appeals against the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of hearing dated 1-6-2009 issued by the Assistant Registrar, Excise, Delhi Bench, CESTAT, the stay applications were fixed for hearing on 15-7-2009. It is seen from the note sheet order on 15-7-2009, matters were adjourned to 17-7-2009. Thereafter noting on the order sheet are not available. As per the appellants, matters were adjourned to 17-7-2009 only in respect of stay petitions. After the conclusion of hearings, the orders were reserved. 3. In view of the above developments, it has to be held that matters were reserved only in respect of the stay petitions. There is nothing on record to show that the hearing on the final appeals took place on the said date, so as to pass the final orders. On going through the final order also, we fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in [2009 (243) E.L.T. 518) (Tri-Mum.)]. It stands held by majority order that disposal of appeals itself, without putting either side on notice, at stay stage is not proper. 5. We also take note of the Hon ble Supreme Court decision in the case of Kapra Mzdoor Ekta Union v. Birla Cotton Spg and Wvg Mills as reported in [(2005) 13 SCC 777]. Though the said decision relates to dispute under the labour law but the observations made by the Hon ble Court in respect of procedural reviews can be safely adopted and applied to the present case. It stands held by Hon ble Supreme Court that procedural review, however, belongs to a different category. In such a review, the court or quasi-judicial authority having jurisdiction to adjudicate, proceeds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a proceeding which was itself vitiated by an error of procedure or mistake which went to the root of the matter and invalidated the entire proceeding. Again to illustrate, once it is established that the party concerned was prevented from appearing at the hearing due to sufficient cause, it follows that the matter must be reheard and decided again. 6. The objection of the learned SDR that the stay petitions of number of other appellants were also heard, who have not made any grievance about the disposal of the appeals, cannot be appreciated inasmuch as the non-grievance of other appellants cannot act as a bar to the appellant s grievance. 7. In view of the above, we allow the present application and recall the earlier order of Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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