ESCORTS LTD. v. COLLECTOR OF CENTRAL EXCISE, NEW DELHI
2001-08-24
body2001
DigiLaw.ai
( 1 ) DELAY condoned. ( 2 ) APPEALS are admitted. ( 3 ) AFTER hearing the counsel for the parties, we are of the opinion that there was a genuine mistake on the part of the appellants counsel in not being able to attend the proceedings before the Tribunal which resulted in an ex parte order being passed on 5-10-1998. ( 4 ) IN our view, sufficient cause has been shown and the Tribunal ought to have recalled its order and heard the case on merits after giving an opportunity to the appellant to be represented. Without expressing any opinion on the merits of the case, we set aside the order dated 5-10-1998 of the Tribunal and direct that the appeals filed by the appellant shall now be decided on merits after giving an opportunity to the appellant to represent its case. ( 5 ) THESE appeals are allowed in the aforesaid terms. CAs Nos. 4019-21 of 2001 ( 6 ) IN view of the connected appeals arising out of CA No. D10175 of 2001 having been allowed and the final order dated 5-10-1998 set aside, counsel for the appellant wishes to withdraw these appeals. ( 7 ) THESE appeals are, therefore, dismissed as withdrawn.