2016 (5) TMI 179

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.... and R.C. Pathak, Counsels, for the Petitioner. JUDGMENT Heard Sri A.P. Mathur, learned counsel for the appellant and Sri Rajesh Singh Chauhan for the respondent-Department. 2. This appeal was finally disposed of on 3-10-2013 [2013 (32) S.T.R. 699 (All.)] holding that the appeal preferred by the appellant before the Tribunal would be restored and heard on merits provided the appellan....

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....e treated as regularised so that the appeal may be heard by the Tribunal which stands deferred on account of such default. 7. Learned counsel for the appellant has invited the attention of the court to sub-section (9) of Section 35G of the Central Excise Act, 1944 to contend that the powers of such modification would be available keeping in view the said provision which is extracted herein....

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....ommittee. Rajab Ali v. Amir Rossain 17 C. 1. and Badri Narain v. Sheo Koer 17 C. 512 :17I. A. 1. In the latter case Sir Richard Couch observed that the words "if such security be not furnished within such time as the Court orders, the Court shall reject the appeal" appeared to be consistent with the Court having power to make fresh orders with regard to the time within which the security should be....