2013 (9) TMI 717

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....in, Advocate, for the Appellant. Shri S.K. Bhaskar, DR, for the Respondent. ORDER The applicants have filed application for restoration of appeals on the ground that the applicants have not received any notice for hearing of their stay applications as well as of final hearing of their case. Learned advocate for the applicants submits that while filing the appeal in form EA-3 at column No.....

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....not given the opportunity to defend their case, therefore, both the orders (i.e. stay order and the final order) be recalled and the appeal be restored. The applicants have also filed their affidavits in support of their contentions made hereinabove. 2. On the other hand, the learned DR submitted that Registry has served the notice on the address given by the applicants. As per record, no vakal....

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....s were given by the applicants. It is also on record that notice has been sent to the applicants only on first address. No effort was made to serve the notice on the applicants on the second address given by them. The only contention of the learned DR is as there is no vakalatnama of the advocate on record, hence the registry is not required to serve the notice on that address is not convincing. ....