TMI Blog2017 (11) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant Shri N. Jagdish, Superintendent (AR) -For the Respondent ORDER The appellant has filed a miscellaneous application for restoration of Appeal No. E/27220/2013. He has stated in the application that the appeal filed by him is against the Order-in-Original No. 10/2013 dated 28.03.2013 passed by the Commissioner of Central Excise, Belgaum wherein the Commissioner has confirmed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; Learned counsel for the appellant submitted that the appellant had engaged Shri Mathews J. Nedumpara, advocate to represent and plead on behalf of the appellant. He has further submitted that the company was facing severe financial crisis resulting in closing down of their factory and business and has defaulted in the payments for the loans taken from the Bank and the Financial Institution an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay Order. Learned counsel further submitted that in view of the facts stated in the application, the Order dated 18.10.2016 may be recalled and Stay Order should be heard afresh. 3. On the other hand the learned AR for the Revenue stated that from the very beginning the appellants were negligent and the Tribunal vide Order dated 02.02.2016 decided the stay application in the absence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CCE, Chandigarh - 2010 (256) E.L.T. 110 (Tri.-Del.) c) Shree Sanand Textile Industries Ltd. Vs. CCE, Vadodara - 2010 (261) E.L.T. 998 (Tri.-Ahmd.) d) CCE, Bangalore-III Vs. McDowell & Co. Ltd. - 2005 (186) E.L.T. 145 (Kar.) 4. After considering the submissions of both the parties and perusal of the material, we find that from the very beginning the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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