2008 (12) TMI 725

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....kil Raja and V.N. Dwivedi, for the Petitioner. Shri Souvik Nandy, for the Respondent. ORDER Let affidavits of service affirmed on 12th November, 2008 and 12th December, 2008 and the supplementary affidavits filed in Court today be kept with the record. 2. This writ petition has been filed challenging the order dated 7th/9th July, 2008 passed by the learned Customs, Excise & Servic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng compliance. The grievance of the petitioner is that while passing the order dated 23rd September, 2008 the Tribunal did not consider the statements in the application for recalling the order dated 7th/9th July, 2008 particularly in paragraph 3 thereof. Submission is that the reply to the show cause notice was not effective as it is evident from the letter dated 27th June, 2008 issued by the Sen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ce Officer. 4. Learned advocate appearing on behalf of the respondents submits that the order passed is just and proper. 5. Perusing the order dated 23rd September, 2008 I find that the Tribunal has not gone into the statements made in the application for recalling the order dated 7th/9th July, 2008 particularly in Paragraph 3. The Tribunal also did take note of the letter dated 27....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ted 7th/9th July, 2008 is pending, the order dated 27th November, 2008 cannot be sustained and is also set aside and quashed. Hence, the Tribunal is directed to hear out the application for recalling the order dated 7th/9th July, 2008 afresh after giving the petitioners an opportunity of hearing. 7. Since the respondents were not called upon to file affidavits controverting the allegations....