2013 (11) TMI 335

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....pellants are in appeal alongwith application for stay against the impugned order wherein the appeal has been dismissed on the ground of limitation. 2. Heard both sides. It is the contention of the ld. counsel for the appellants that the Order-in-Original was passed on 20.1.2009 and the same was issued on 4.3.2009 through Speed Post. But they did not receive the said order as they have shifted t....

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....ting as time barred is to be set aside. He further submitted that the Order-in-Original is an ex-parte order where they were not heard by the adjudicating authority. Therefore, the matter be remanded back to the original adjudicating authority for fresh consideration. 3. Heard the Ld. counsel. Considered the submissions. We are of the view that the appeal as well as stay application are to be t....