2008 (10) TMI 473

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....f the appellants and Shri VPC Rao, the learned Departmental Representative for the Revenue. 3. We heard both sides. 4. The learned Advocate pointed out that the order has been passed ex-party without hearing the party. He pleaded that the hearing was fixed on 14-9-2007 for the first time. It was actually the first hearing and final order has been passed on the very same day by the Circuit Bench of the Tribunal. He stated in the case of the appellant M/s. Olympia Overseas, the appellant had not received any notice of hearing and since the same was the first hearing fixed for the said appeal being heard, there was no way by which the same could have been known to the appellant. In this connection, a very detailed affidavit for....

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....at the ex-party common final order passed may be ordered to be recalled in the interest of justice. 5. The learned Advocate relied on the following case laws : (a)     J.K. Synthetics Ltd. v. CCE - 1996 (86) E.L.T. 472 (S.C.) (b)     Devon Plastics Ltd. v. CCE - 1996 (83) E.L.T. 406 (T) (c)     U.P. State Bridge Corporation Ltd. v. UOI - 2003 (157) E.L.T. 267 (Bom.) (d)    Rifox Equipment Pvt. Ltd. v. CC - 2003 (156) E.L.T. 942 (T) (e)     CC v. Hindustan Tobacco Co. - 2005 (188) E.L.T. 303 (T) (f)      Swadeshi Koreatex v. CCE - 2007 (220) E.L.T. 390 (T) ' (g)     Prakash F....