2018 (8) TMI 1447

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..... was sought by the appellant and on 21.08.2017 when the matter was called none appeared on behalf of the applicant. Therefore, the conduct of the appellant shows that the appellant is not interested to pursue the matter on merit - also, while passing the order this Tribunal has considered the submissions on merit. The appellant relied on the decision of the Tribunal in the case of Ballarpur Indu .....

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..... efore the Bench. Therefore, the order dated 21.08.2017 be recalled. It is also submitted by the ld. Counsel for the appellant that as per the decision in Ballarpur Industries Ltd. vs. CCE, Nagpur -2018 (5) TMI 384-CESTAT Mumbai to say that in case where the version of the appellant is not heard by the Tribunal, therefore, the order may be recalled. 2. Heard the ld. Counsel for the appellant .....

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