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TMI Blog2014 (9) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... assed any orders in the absence of the Advocate or Appellant. The amount of pre-deposit of ₹ 5 lacs is the direction issued after expressing an opinion on merits of the controversy. All this, in the absence of the Advocate in the given facts and circumstances, was uncalled for. Appellant pay costs quantified at ₹ 25,000 to the Respondents. The costs shall be paid within a period of two weeks from today - Decided in favour of Assessee - Central Excise Appeal No. 38 of 2014 - - - Dated:- 4-3-2014 - S.C. Dharmadhikari and Girish S. Kulkarni, JJ. Shri Yogesh Patki, a/w Durgesh Khanapurkar, i/by India Law Alliance, for the Appellant. Shri Y.S. Bhate, a/w N.V. Kalantri, for the Respondent. ORDER This Appeal chall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not permissible. In effect and essence, the application was seeking modification of the earlier order and in any event if the Tribunal s power to recall its own ex parte order was invoked, then, the Tribunal ought to have considered the matter from a different perspective and in the larger interest of justice ought to have recalled its earlier order. 4. Mr. Bhate, learned counsel appearing for the Respondents, submits that these are all delaying tactics and without depositing anything and in compliance with the Court s order, a fresh opportunity is sought to argue the stay application and that does not deserve to be granted. There is no question of law much less substantial one arising for consideration and determination in this Appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t or accommodation, but proceed to argue the stay application or waiver application that we accede to the request of the learned Counsel. 8. In the result, the impugned orders are quashed and set aside, but on the condition that the Appellant pay costs quantified at ₹ 25,000/- (Rupees Twenty Five Thousand) to the Respondents. The costs shall be paid within a period of two weeks from today. The parties are put to notice that the matter will be taken up by the Tribunal on 24th March, 2014 at 10:30 am. The Appellant or his Advocate shall appear on that date and proceed to argue the application on merits. In the event they remain absent, earlier orders of the Tribunal would stand and then the appeal filed by the Appellant need not be r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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