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2008 (2) TMI 85

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..... applicants – As the party was aware that their appeal was figuring in the weekly list, they were expected to be present – circumstances are sufficiently indicative of the applicants negligence – applicants have failed to make out sufficient cause for restoration - E/1367/2000 - 103/2008 - Dated:- 25-2-2008 - S/Shri P. G. Chacko, Member (J) and P. Karthikeyan, Member (T) [Order per : P. G. .....

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..... n the Hon'ble Supreme Court's judgment in J. K. Synthetics Ltd. v. Collector - 1996 (86) E.L.T. 472 (S.C.), wherein it was held that, where a party was unable to appear for no fault of his and his appeal is ex parte , the ends of justice required that the ex parte order should be set aside. Learned counsel reiterates the plea made by the applicants. He further states that, on 26-12-07 t .....

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..... 2007 was available to the party as indicated in para 5 of the present application. The procedure of the Tribunal in vogue during those days was weekly listing of appeals. This is acknowledged by the applicants themselves. Any appeal remaining unheard at the end of a week would be carried over to the next week. Appellants were expected to monitor this procedure. As the party in the present case was .....

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