2003 (9) TMI 586

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....ao, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application is by the appellant's Advocate. It is for recalling Final Order No. 347/2003-NB(C), dated 21-5-2003 passed in the captioned appeal. When the appeal had arisen to be heard by the Bench on 21-5-2003, there was no one to represent the appellants, though a letter dated 24-3-2003 of their Advocate seeking adjou....

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....ugh ex parte, disposed of the appeal on its merits. The present application seeks to recall that order on the strength of the following decisions :- (1)         1999 (105) E.L.T. 423 (T) - Paharpur Plastics v. CCE, Meerut (2)         2000 (122) E.L.T. 147 (T) - Gujarat Steel Tubes v. CCE, Ahmedabad (3) &n....

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....vind Ji (supra) and Digvijay Synthetics Ltd. v. CCE, Jaipur (supra) are concerned, what has been laid down in those cases is that any request for adjournment of hearing is not to be turned down on the mere ground that adjournments had been granted on earlier occasions. This ratio is not applicable to the instant case inasmuch as this is not a case of denial of adjournment on the said ground. Thus ....