2015 (11) TMI 897

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....J. For the Appellant : Shri Bipin Garg, Adv. For the Respondent : Shri M S Negi, DR ORDER Per: Rakesh Kumar: The Tribunal vide Final Order No.50358-50360/2014-EX (DB) dated 22.01.2014 had dismissed the appeals by passing an ex parte order. These applications have been filed for restoration of these appeals. 2. Heard both the sides in respect of restoration applications. 3. Shr....

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....was not acceded to, that the order has been passed ex parte without discussing the merits of the case, while he has good case on merits, and hence, he request for fresh hearing of the matter on merits. 4. Shri M. S. Negi, ld. Departmental Representative, opposed the ROA applications pleading that the Tribunal had dismissed the appeals after going into the merits of the case and also there is no....

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....non-appearance of the appellant. On going through this order No. 50358 - 50360/2014 dated 22.01.2014, which is reproduced below, it is clear that not only the order is ex parte order passed without hearing the appellant, even the merits of the case are not discussed at all in this case. "None present for the appellant. Learned DR says that this is case adjudicated against the appellant for usin....