1999 (10) TMI 702

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....smissed on March 12, 1999. The appeal came up for hearing on February 2, 1999, and was adjourned to February 22, 1999, as no one appeared for the appellant. The Registry received a letter dated February 13, 1999, from counsel for the appellant, Shri J. Feroze Khan, stating that neither the appellant nor himself is in a position to appear on that date and requested that the memorandum of grounds....

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....he order dated March 12, 1999, may be set aside and the appeal be re-heard. He further submitted that the appellant has now filed additional evidence together with a petition in M. P. No. 102/MDS of 1999 for receiving additional evidence. At the outset, it has to be observed that the order dated March 12, 1999, is not an ex-parte order but was an order on the merits, based on the memorandum of ....

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....eed ex parte : Provided that where the appeal has been dismissed for default or proceeded with ex parte and the appellant appears thereafter and satisfies the Tribunal that there was sufficient cause for his non-appearance when the appeal was called on for hearing, the Tribunal shall, after giving notice to the respondent, make an order setting aside the dismissal order or the ex parte proceedi....