2000 (1) TMI 352

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....an, DR, for the Respondents. [Order per : S.L. Peeran, Member (J)]. - This appeal arises from an ex-parte order passed by Commissioner (Appeals) in Order-in-Appeal No. 33/99, dated 22-6-1999. The Commissioner has noted that appellants had been given personal hearing on 7-1-1997, 18-2-1997 and 8-6-1999 and as appellants on these occasions did not avail the opportunities of personal hearing, t....

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....d to come from Madras to Hyderabad. Both the Counsels had to come from two different places namely Madras and New Delhi. However, their request was neither considered nor mentioned in the order. Therefore, they are aggrieved with the passing of the ex-parte order and hence they have asked for stay as well as for hearing the matter. 2. Ld. Advocate submits that they will be satisfied if the....

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.... Shri S. Kannan who submits that the Commissioner had no choice but to proceed for hearing when there was no communication from them. Therefore he submits that there is no proof of appellants having applied for adjournment in the matter. He submits that reiteration of order-in-original is also a finding and it cannot be said to be a non-speaking order. 4. On careful consideration of the su....