2014 (12) TMI 322

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....nt : Shri K Shivakumar (AR) JUDGEMENT Per : Mr. H.K.Thakur,; When this appeal was called out for hearing, appellants submitted that the modification application E/others/14938/2014 has been filed by the appellant which is also listed on 1/9/2014. 2. Shri P M Dave (Adv.) and Shri N K Tiwari (Cons.) appeared on behalf pf the appellant. Shri P M Dave (Adv.) argued that in order No. M/1234....

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....by the appellant were not considered and a cross examination of the witnesses requested by the appellant was rejected. That the case of M/s Atithi Gokul Automobile Works and the case of present appellant were listed on the same date as per the orders passed by the Honble Gujarat High Court. It was, therefore, argued on behalf of the appellant that Honble Tribunal may waive the condition of pre-d....

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....appellant. 4. Heard both sides and perused the case records. The main ground of seeking modification by the appellant is that this Bench in similar facts and circumstance, as per order No. A/10885-10886/2014 dt 1/5/2014 in the case of M/s Atithi Gokul Automobile Works, have remanded the case back to the Adjudicating Authority. It is the case of the appellant for modification of pre-deposit orde....

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....hat there was a violation of principles of natural justice when the appellant himself remains absent in the adjudication proceedings. On merit also this Bench has give its observation while passing stay order and held that the issue need deeper considerations which could be done only at the time of final disposal of the appeal. At the same time, it is also recorded that no claim of severe financia....