2010 (11) TMI 332

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....D BY :  Shri R. Santhanam, Advocate, for the Appellant. S.K. Panda, Jt. CDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President]. - Heard the learned advocate for the appellants and the DR for the respondent. This is an application for restoration of the appeal by recalling the order dated 8th of April 2010, whereby the appeal was disposed of. 2. The lear....

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.... lie, he submitted that when the matter was heard in the said restoration application, the decision of the Apex Court was not at his hand and, therefore, the same could not be produced on that day, besides the present application having been filed on a different ground, and therefore the same is maintainable. He also submitted that the Tribunal has inherent power to entertain such application. ....

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....ght to the party to file another application incorporating such ground, once the previous application has been finally disposed of. 5. When the matter was heard on 30th July 2010, the Tribunal taking into consideration all the facts relevant for deciding whether the appeal deserves to be restored or not, disposed of the application by passing a reasoned order. As far as the issue of restor....

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....ion in the Tribunal. Under what circumstances, the Tribunal was constrained to dismiss the appeal for non-appearance of the party and advocate on that day and under what circumstance the Tribunal had passed the order of dismissal of the appeal has been elaborately discussed in the order dated 30th July 2010. In the facts and circumstances of the case, therefore, the decision of the Apex Court soug....