-t' ^ I o/o O6,O4.2OLL Present: Ms.Shikha SaPra aPPellant. #36 and Mr.Piyush Kumar, Advocates for the +C.M. No.7O35/2O11 in CUSAC No.2/2OL1 * Allowed, subject to all just exceptions' The aPPlication is disPosed of. cusAc No.2/2011 & cMs No.7134/2011 & 7036 -O11 The Department is challenging the order of CESTAT on merits and the main submission of the appellant is that in the appeal filed by the Customs authorities, the appellant was not given any notice of appearance and because of this the appellant could not appear when the appeal was heard by the cEsTAT. lt is further stated that even the copy of the order passed by the Tribunal was not received by the appellant and the present appeal is filed on the basis of copy obtained by the counsel for the appellant form the archives CESTAT'S Bar office. ,When the main basis for challenging the order is that appellant was not served and, therefore, appellant was not given any hearing by the GESTAT before deciding the appeal, we deem it appropriate that appellant files an application before the Tribunal for setting aside the said ex parte ordei. lt is the Tribunal, which, on the basis of.records' would be in a position to find out as to whether tlre appellant was Page 1. of 2 ai lh CUSAC No.2/2O77 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified rt served with a notice or not. We may record that as per the averments made in the appeal, the notice was sent to the old address of the appellant from where the appellant had left. lf these facts are correct, we are hopeful that the appellant shall be given an opportunity of hearing by the CESTAT. lf the appellant moves the application within 15 days from today, the appeal shall be heard on merits by the CESTAT. Till the first date of the application before the Tribunal, there shall be a stay on the impugned order. With these observations, this appeal and the applications are dismissed. A copy of this order be given dasti to the counsel for the appellant. APRIL 06, 2O1L Dev -16\41, M.L. MEHTA, J. CUSAC No.2/2071 Page 2 of 2 b