2003 (5) TMI 307

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....ppellant. Shri K.K. Pardeshi, JDR, for the Respondent. [Order]. - In the order impugned in the appeal, the Tribunal allowed the appeal of the Commissioner and set aside the order of the Commissioner (Appeals). It expressed the view that the provisional certificate, unless it is subsequently confirmed by being approved finally, stating the respondent to be a small-scale industry was not it....

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....ot been intimated to the Tribunal. The registry of the Tribunal therefore would not have been aware of the closure of the factory or of any address to which the notice of hearing that have been posted. In these circumstances, we do not find it possible to say that there has been a mistake in the Tribunal's order, in that it was passed without hearing the applicant. If it wished to be heard, it oug....