2009 (6) TMI 733

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.... JDR, for the Respondent. [Order]. - These applications pray for recall of order No. A/124-125/09/ C1V/SMB, dated 6/4/2009 passed by this Bench in the captioned appeals and for "restoration" of the appeals. These applications are accompanied by a compilation of decisions including J.K. Synthetics Ltd. v. CCE - 1996 (86) E.L.T. 472 (S.C.). The learned counsel has referred to the cited case la....

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....n the case of Viral Laminates Pvt. Ltd. v. Union of India - 1998 (100) E.L.T. 335 (Guj), a Division Bench of the High Court struck down that part of Rule 20 which authorised this Tribunal to dismiss an appeal for default of appearance of the appellant. Their Lordships held that the Appellate Tribunal was not empowered to dismiss an appeal for default of appearance and had to decide the appeal on m....