ORDER
Jyoti Balasundaram, Vice President
1. The applicants, by this application, seek restoration of the appeal, which was dismissed for non prosecution vide final order No. 8316/WZB/05-CIII dated 28.1.2005. They submit that they had not received notice of hearing and therefore the matter was not represented, resulting in dismissal of the appeal. They also submit that they came to know about the dismissal order only on receipt of the letter dated 18/20.1.2006 addressed by the Assistant Commissioner of Central Excise, Ankleshwar, to the State Bank of India, Corporate Accounts Group Branch, Mumbai inter alia requesting release of bank guarantee of Rs. 3.00 crores which had been furnished by the applicants and renewed from time to time valid up to 2.12.2006. For these reasons they seek setting aside the dismissal order and restoring the appeal to its original number.
2. The Ld S.D.R fairly leaves the matter of restoration of the appeal for decision by the Bench.
3. We note that the address, for service of notice given in the memo of appeal, is the address of their counsel “M/s Nanu Hormasjee & Co, Fort House, Hamam Street, Mumbai 400 023.” We also note that the notice for hearing of the stay application was sent to that address and stay order also shows the said address, as the address of the appellants. However, the notices of hearing of the appeal on 1.10.2004, 5.11.2004 and 28.1.2005, the date on which the appeal was dismissed have been sent to the address of the appellant’s company. Therefore, the explanation of the applicants for non appearance on 28.1.2005 is accepted. The dismissal order is set aside and he appeal restored to its original number.
(Pronounced in Court.)