ORDER
Archana Wadhwa, Member (J)
1. Though the appellants has made request for adjournment, we are of the view that the appeal can be disposed off in their absence in as much as commissioner (Appeals) has dismissed the appeal for non compliance of his stay order. Accordingly, after rejecting the request for adjournment, we proceed to decide the matter.
2. Commissioner (Appeals) has passed the stay order in the absence of the appellant. Subsequently, modification application was filed by them which the appellate authority has dismissed by observing that there is no provision for any modification of the stay order passed under Section 35 F of the Central Excise Act. We do not agree with the above reasoning of the appellate authority. Ex-parte stay order passed by the said authority can definitely be modified by him, in as much as there is no specific provision under the act debarring him to do so. Accordingly, we set aside the impugned order and remand the mater to Commissioner (Appeals) with directions to consider the modification application filed by the appellant and to pass the appropriate order on the same. Appeal is thus allowed by way of remand and stay petition also gets disposed off.