SUBHAM POLYMERS LTD Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) WHEN this appeal came up for final hearing on 24 -3 -1999 on account of non -appearance of the appellant, appeal was dismissed for non -prosecution. Actually, the appellant had sent a representation to this Tribunal requesting to dispose of the appeal in the light of the Final Order No. 5738/97, dated 29 -12 -1997 passed by the West Zonal Bench, Mumbai in their own case. A copy of the said decision was also sent along with the said representation. Thus without noting the said contention of the appellant, the appeal happened to be dismissed. Now the appellants pray for restoration of the appeal and for disposal of the same on merits.

(2.) WE heard ld. Departmental Representative. Perused the records.

(3.) APPELLANTS in this representation sent to this Tribunal prayed for disposal of the case on merits. So it was not proper on the part of the Tribunal to dismiss the same on the ground of non -prosecution. Consequently werestore the appeal.