1999 (12) TMI 823

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....i Jitendra Singh, Advocate, for the Respondent. [Order per : Justice K. Sreedharan, President]. -  In this application the prayers are to recall and set aside the judgment and order dated 29-8-97 passed by this Tribunal in Appeal No. E/2364/90-A and to grant an opportunity of being heard before disposing of the appeal on merits. The main ground urged for putting forth the above prayers ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-8-97 setting aside the order passed by the Collector (Appeals) and restoring the Order-in-Original dated 27-6-89 passed by the Assistant Collector, Division V, Baroda. This order is sought to be recalled on the ground that it was passed without affording the respondent a reasonable opportunity of being heard. 3. Notice of hearing of the appeal, as stated earlier, was sent to the party thr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... passed by the Officer in Bharuch should have reached the petitioner within reasonable time. Even then the petitioner did not approach this Tribunal. It is the further case of the petitioner that the Assistant Commissioner of Central Excise was approached for getting a copy of the final order passed by this Tribunal and they got the same along with a covering letter dated 23-3-99 (para 9 to ROA pe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....non-service of notice. In any circumstance, he cannot be heard to say that he did not come to know of the Final Order pursuant to the communication dated 31-3-98 addressed to him by the Assistant Commissioner of Central Excise. After having come to know of the Final Order passed by this Tribunal, atleast from that communication, he did not take any reasonable or prudent step to approach this Tribu....