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TMI Blog2015 (11) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of the appellant as narrated, deserves consideration since no one prefers to be prejudiced without seeking appeal remedy, facing huge demand ex parte. Appellant reached to Tribunal belatedly for the reasons aforesaid. It appears that the meritorious appeal may be converted into demeritorious one if delay is not condoned. When Tribunal had granted an opportunity earlier making certain observa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, learned adjudicating authority has passed an order ex parte. Of course, that was passed in absence of the appellant being prevented to cause appearance due to the financial sickness it faced. 2. The appellant further submits that it underwent financial sickness and became unviable due to no payment of its dues by the service recipient. Its operation was thereby closed. Due to such cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tent and spirit of the final order of the Tribunal passed earlier as aforesaid. 4. Revenue opposes the delay condonation application on the ground that the appellant did not give last address for the service of the order. 5. Heard both sides and perused the records. 6. The pitiable condition of the appellant as narrated above deserves consideration since no one prefers to be prejudiced wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity within a month of the receipt of this order and make application to the adjudicating authority to fix the date of hearing for completing readjudication. On the date fixed for hearing, the appellant shall provide all details of its case to the adjudicating authority and lead defence if any. Without any reasonable cause, the appellant shall not seek adjournment before the adjudicating authority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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