2013 (9) TMI 1025

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....ant. Shri P.K. Roy, Advocate, for the Respondent. ORDER The subject matter of challenge in this appeal is an order dated 17th April, 2013 by which an application seeking restoration of the appeal was dismissed. The appeal was dismissed on 17th September, 2012 on merits in the absence of the learned advocate for the appellant. When the application for restoration came up for hearing, the learned....

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.... appellant was not present, the appeal could have been dismissed for default, but the appeal could not have been dismissed on merit without hearing the learned advocate for the appellant. Therefore, that order dismissing the appeal is clearly bad. (b) The application for restoration made by the appellant was a correct step, according to us, because the appeal had been dismissed ex parte. The Trib....