2001 (9) TMI 614

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....lant. Shri M.P. Singh, JDR, for the Respondent. [Order per : K.K. Bhatia, Member (T). -  This stay application is against the Order dated 23-11-2000 passed by the Commissioner (Appeals), Central Excise, Chandigarh in which he has dismissed the appeal of the party for not making the pre-deposit of Rs. 4 lakhs as directed vide Stay Order No. 58/Stay/2000, dated 7-6-2000 passed by the C....

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....al hearing has dismissed their appeal for non-deposit. On these facts, therefore, it is contended that the order appealed against is not sustainable. 3. Shri M.P. Singh, JDR for the Revenue submits that the Stay Order in this case was passed on due consideration of all the submissions made by the party and on affording them a personal hearing. Since the party did not carry out that order, ....

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....ested for another personal hearing. Since the earlier Commissioner (Appeals) had demitted the office, the incumbent Commissioner (Appeals) should have reconsidered the stay petition of the party and afforded them a fresh opportunity of personal hearing. The non-observance of this course of action and summary dismissal of the appeal on the grounds of non-compliance of the stay order dated 7-6-2000,....