2018 (12) TMI 97

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..... 8, 144/2018, 35/2018, 130/2018, 142/2018, 138/2018, 39/2018, 136/2018, 27/2018 - -
Central Excise
Mr. Justice Dhiraj Singh Thakur, Judge. And  Mrs. Justice Sindhu Sharma, Judge. For the Appellant(s) : Mr. P R Sharma, Advocate For the Respondent (s) : Mr. Jagpaal Singh, CGSC. (ORAL):- 1. These are applications for re-admission of the appeals filed under Section 35-G of the Central Ex .....

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..... ppeal proceedings in terms of Sub-section (G) of Section 35 of the Central Excise Act, 1944. 3. On a reading of Order 41 Rule 19 of the Code of Civil Procedure, which was relied on by counsel for the applicant, we feel that a re-admission of an appeal in terms of Order 41 Rule 19 CPC is possible only in a case where the dismissal is one in default simpliciter. However, once the appeal is decided .....

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..... for passing appropriate orders as contemplated in Rule 17. Indeed the explanation appended to Rule 17 in clear terms provides that nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on merits. 18. In any event, the dismissal of appeal being essentially under Order41, Rule 17, the appellant herein should have taken recourse to the remedy available under Orde .....

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