2018 (4) TMI 356

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....Pardeshi, Advocate, for Applicant Shri S.R. Nair, E.O. (A.R.), for Respondent Per: Ramesh Nair: Applicant filed three applications one for re-calling of this Tribunal Order No. A/ 196/ IO/CSTB/C-II dated 15.06.2010, second application for restoration of appeal and third application for condonation of delay in filing the restoration of appeal. 2. Shri R.B. Pardeshi, learned Counsel appe....

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....ndent name was wrongly mentioned, notice of the hearing sent by Registry of this Tribunal from time to time was never received by the applicant. Consequently order of this Tribunal was also not received, however when the department has proceeded for the recovery it came to the notice that there was some appeal filed by the Revenue against Commissioner (Appeals) order No. 106/2000-MCH dated 16.02.2....

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....learned Counsel, it appears on record which is not in dispute, that right from filling of appeal by the Revenue till disposal of the appeal,  the applicant's address for the communication was wrongly mentioned by the Revenue, therefore applicant could not receive any notice regarding filing of appeal by the Revenue as well as hearing of appeal, accordingly ex-parte order was passed. Since....