2010 (9) TMI 613

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....V.L. Narasimhan, Advocate (for Prakash Shah without vakalatnama), for the Appellant. Shri V.K. Choudhary, DR, for the Respondent. [Order per : D.N. Panda, Member (J)]. -  When this matter was called, learned counsel Shri Narasimhan mentions that he has been informed by Shri Prakash Shah learned counsel from Bombay to seek adjournment of the matter since he has not received notice in ....

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....that a reasoned and speaking order was passed by Tribunal on 30th March 2010, we looked into that order. Shri Choudhary brings out that Tribunal has not merely disposed the appeal for statistical purpose. But Tribunal has appropriately disposed the appeal on merits which is coming out from para 2 read para 3 of the order. Those paras clearly reflect application of mind of the Tribunal. Therefore, ....

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.... the appellant does not get opportunity of hearing it may suffer. But it was a helpless situation on that day when abuse of the process of law came to record. All these aspects appear in para 3 of the order. 4. When we could notice that the appellant has been enjoying the benefit of waiver of pre-deposit by stay order from the year 2005, which was passed by stay order No. 600/06-EX dated 5th Se....