2006 (2) TMI 180

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....ned Advocate for the petitioner. Notice returnable today. Mr. Jitendra Malkan waives service on behalf of the respondents. With the consent of the parties the petition is taken up for hearing and disposal at the admission stage today. 2. This petition primarily challenges Show Cause Notices (i) Bearing F. No. V.23/15-31/Dem/OA/2005-06, dated 31-8-2005 issued by Commissioner of Central Excise, (....

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.... 4. When the matter came up for hearing on 30-1-2006 the learned Advocate for the petitioners placed on record Order-In-Original No. 03/COMMR/06, dated 25-1-2006. Hence, the Court called upon the learned Counsel for the respondents to explain as to how the said order was passed without hearing the petitioners and Mr. Malkan prayed for time 'to advise the Commissioner to recall the order made on 25....

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....titioners to the Commissioner, in the last paragraph, a specific request is made that in the event Commissioner was not inclined to keep the adjudication of the notices in abeyance, then, the petitioners may be informed accordingly and further personal hearing may be granted before deciding the impugned notices. As can be seen from order dated 25-1-2006 made by the Commissioner he has not only fai....

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....ing two Show Cause Notices dated 29-9-2005 issued by Assistant Commissioner of Central Excise, Mehsana and 21-11-2005 issued by Assistant Commissioner of Central Excise, Kalol shall be adjudicated upon by the respective authorities subject to the following : After the process of adjudication is over the authority shall frame the adjudication orders in accordance with law but the orders shall no....