2014 (9) TMI 530

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....by India Law Alliance, for the Appellant. Shri Y.S. Bhate, a/w N.V. Kalantri, for the Respondent. ORDER This Appeal challenges the order passed by the Tribunal on 29-10-2013 and subsequently on 13-12-2013. By the first order, the Tribunal ex parte decided an application for waiver of pre-deposit and stay. 2. It is the submission of the learned counsel appearing for the Appellant t....

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....ere not present. In these circumstances while passing an order or direction to deposit the duty demanded partially and by expressing an opinion on merits of the controversy, the Tribunal has committed a serious error in law. The Tribunal's order results in grave miscarriage of justice. 3. The request then made is that the Tribunal proceeded on the footing that the application to rehear the....

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....ltantly, the Appeal should be dismissed. 5. We have heard the learned counsel appearing for the parties and perused the orders under challenge. We have also perused the Appeal paper book. We find that the substantial question of law which arises in this Appeal is, whether the Tribunal in the given facts and circumstances and in view of the written request for postponement of date on record....

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....he learned counsel appearing for the parties on this point, we are of the view that the Tribunal's calendar need not be disturbed and by this Court interdicting on every such occasion. However, once the Advocates assure that on the date and time assigned, they would both appear and not seek any adjournment or accommodation, but proceed to argue the stay application or waiver application that we ac....