2011 (12) TMI 370

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....a Gokani, JJ. REPRESENTED BY : Shri Dhaval Shah, Advocate, for the Petitioner. Shri Y.N. Ravani, Advocate, for the Respondent. [Order per : Akil Kureshi, J. (Oral)]. - Heard learned advocate Shri Shah for the petitioners and Shri Ravani for respondent nos. 1 & 3. Though served, no one appeared for the respondent no. 2-Registrar of CESTAT. 2. Since similar grievances are voiced ....

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....titioner nor any adjournment request was made, despite notice of hearing having been sent to the appellant well in advance. Tribunal noted that on previous two occasions also, the appellant had remained absent. 5. Tribunal thereafter passed another order dated 9th August 2010 by which the petitioner's appeal came to be dismissed for non-compliance of the provisions of Sec. 35F of the Centr....

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....ate. It was observed in the said order that the appellants were not causing any appearance before the Tribunal inspite of the notices of hearing having been sent to them." 7. Against these orders passed by the Tribunal, the petitioner has approached this Court. In essence, the prayer of the petitioner is that as the application for waiver of pre-deposit and stay against the orders of the r....

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....hat notices were dispatched. 11. Counsel for the petitioner, in particular, pointed out that in respect to the application made by the petitioner to the Tribunal under Right to Information Act, the Registrar of the Tribunal conveyed that the orders dated 31st May 2010 and 11th August 2010 were dispatched but were returned back to the office with the postal stamp of "non-delivery" remark. T....