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TMI Blog1984 (11) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER This is an application filed by the Collector of Central Excise, New Delhi for restoration of Appeal which was dismissed for non-prosecution and non-compliance with the directions of the Tribunal, by Order No. C237/84-C passed by this Bench of the Tribunal on 30-4-1984. 2. The facts giving rise to this application are that a Show Cause Notice bearing F. No. 198/8/178/78-CX. V, dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for non-prosecution and non-compliance of the directions. 4. Aggrieved by the said order of the Tribunal, the Applicant filed this Application for restoration of this Appeal alleging therein that the file containing the papers was somehow detached from the case file and it remained untraced in spite of persistent efforts made by the Department. This resulted into non-presentation of the documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling, the 4 sets of relevant papers as required under Rule 16 of the Procedural Rules of this Tribunal. 8. The question arises whether depriving a party of his right of hearing on merit would be justified for non-compliance of the Procedural Rules ? 9. Hon ble the Supreme Court has answered this question in a decision is given in the case of Kalipada Das and others v. Bimal Krishna Sen Gupta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view this proposition of law as laid down by Hon ble Supreme Court, we have to find out whether this lapse on the part of the Department/applicant warrants such a penal action like dismissing its Appeal for non-compliance of the order of the Tribunal in not producing the paper-books in time. 11. A perusal of the record shows that though the Department/applicant is negligent and careless in not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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