1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 5680 of 2006 M/s Techno Engineering & Rubber Vs. Union of India & Ano. Industries Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Ramesh Darda Adv. for petitioner. Shri S. K. Mishra ASG for respondents. CORAM: ANOOP V. MOHTA & C. L. PANGARKAR JJ. Dated: 14 th August, 2008. This is a writ petition whereby the petitioner has challenged the two orders i.e. order dated 04.05.2006 & 20.06.2006 passed by Customs, Excise & Service Tax Appellate Tribunal Mumbai in Appeal No. E/505/06. Both the orders are reproduced below: Order dated 04.05.2006: 2 “The stay application was listed today for hearing for which a notice was sent on 12.04.2006 but appellant did not appeared for hearing. It appears that the appellant is not interested in persuing its appeal. The application is accordingly rejected for non prosecution and the appellant are directed to deposit the full amount of duty within 6 weeks from report and report compliance on 20.06.2006.” Order dated 20.06.06: “Appellants are called absent. No representation. Compliance is not on record. Hence appeal is dismissed for want of pre-deposit as ordered.” Without observing on merit it is clear that appellant was not heard in the matter as he was absent firstly on 04.05.2006 and lastly on 20.06.2006. In view of this, the learned Tribunal has passed the order that resulted into dismissal of his appeal for want of pre-deposit as required under the Central Excise Act 1945. Keeping all points open and in the interest of justice we are remanding the matter back to consider the basic applications filed by the appellant on merit. The learned Tribunal is free to pass appropriate orders considering sufficient cause and reasons to grant any application as filed by the appellant. Only to that 3 extent both the orders are quashed and set aside. Appellant to appear before the Tribunal on 29th August 2008. In view of this petition is disposed of. JUDGE JUDGE svk