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TMI Blog2014 (4) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent : S.S.C.(Central Excise),S. P. Kesarwani ORDER Heard Shri A.P. Mathur, learned counsel for the appellant and Shri B.K.S. Raghuvanshi for the Department. This appeal has been filed under Section 35-G of the Central Excise Act, 1944 which has been admitted on the following two questions: "(i) Whether on the facts and circumstances of the case the Hon'ble Tribunal is justified in n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d out in the earlier part of the day and on a request made by the learned Advocate that he was busy before the Hon'ble Single Bench, the matter was kept back. Subsequently it was again called out at 3.25 P.M. No one appeared, hence the appeal was dismissed in default. On the same day the learned counsel for the appellant filed an application for restoration praying for hearing of the matter. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the appellant had to rush to the High Court, therefore, no one could appear at 3.25 P.M. when the appeal was called out. Earlier when the case was listed for hearing, learned counsel for the appellant was present, however the case could not be decided. He submits that there was a bonafide reason for not appearing when the case was called out for the second time and the Tribunal ought to have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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