AI Structured Summary
Not yet generated for this judgment
Judgment
A.K. Mishra, J.—Shri P.K. Tiwari with Shri R.K. Choudhary for the petitioner.
Heard on question of admission.
The appeal of petitioner has been dismissed by the CEGAT as per order P.1, dated 14-9-2000 from non-compliance of the provisions of Section 35 of the Central Excise Act, 1944 within 15 days of the receipt of the order. The date on which the order was passed i.e. 28-8-2000 non-appeared on behalf of the petitioner before the CEGAT. Appeal was dismissed u/s 35F of the Central Excise Act, 1944. Petitioner submits that the order has been received belatedly. The order is unjust.
It is for the petitioner to file appropriate application before the CEGAT showing cause of non-appearance and non-ompliance of the order and in case petitioner is having any hardship, that question has to be urged before the CEGAT. Considering the nature of the order passed by the CEGAT, I find no scope of interference in the petition. Counsel for petitioner has expressed the willingness to file appropriate application before the CEGAT. In case the said application is filed, the same has to be considered in accordance with law by the CEGAT. Writ petition is dismissed with the aforesaid observation.