2017 (5) TMI 1377

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....v, Advocate for Appellant Shri Sandeep Kumar Singh, Deputy Commissioner (AR), for Respondent ORDER Per: Anil Choudhary   The present miscellaneous application No. E/ROA/70358/2016 has been filed by the applicant/appellant M/s Chandravati Polymers Pvt. Ltd. for recall of ex-parte Final Order No. 51123-51126/2015 dated 09.04.2015 by which appeals were disposed on merits. 2. ....

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.... order cannot be set aside when sufficient cause is shown by the appellant for non-appearance. The fact, that Rule 20 of the Rules does not expressly states that an order passed in an appeal, which is heard and disposed of ex-parte on merits cannot be set aside does not mean that the Tribunal has no power to set aside an ex-parte order. Rule 41 of the Rules gives wide power to the Tribunal to make....

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...., 2016. The observation of this Tribunal is that notices for hearing of the appeal fixed on 20th March, 2015, 28th January, 2015, 24th December 2014 & 31st July, 2014 was sent to the appellant but due to none appearance, this Tribunal decided to hear the appeal ex-parte on 09.04.2015 for disposal. It is further stated that Allahabad Bench of this Tribunal had started functioning at Allahabad from ....

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.... Industrial Area Sahibabad, Ghaziabad, U.P. We find that the said address 46/2 Site IV, Industrial Area Sahibabad, U.P. is given in the miscellaneous application and is the same address given for communication on memo of the appeal. However, the learned counsel has submitted that due to some error or some other reasons notices were not served to the appellant. 5.  Accordingly, in the inter....