Indira Banerjee, J. - (1.) THIS writ application is directed inter alia against an order dated 25th October, 2012 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in a Miscellaneous Application (ROA No. E/M/163/2012) filed by the petitioner in connection with Excise Appeal No. E/A/387/2009. The aforesaid Miscellaneous Application was filed by the petitioner praying that the Orders of the learned Tribunal No. S -339 -341/KOL/2011, dated 17th November, 2011 and A -85 -87.KOL/2012, dated 14th February, 2012 be recalled and/or modified.
(2.) AGGRIEVED by an Order -in -Original No. 29/Commr. (De no -vo)/CE/KOL -V/Adjn/09, dated 31st March, 2009 passed by the Commissioner of Central Excise, Kolkata -V, the writ petitioner preferred an appeal being Excise Appeal No. E/A/387/2009 therefrom. The petitioner also made an application under Section 35F of the Central Excise Act, 1944 for waiver of pre -deposit. The said application was listed for hearing before the learned Tribunal on 14th November, 2011 when one K. Goswami, clerk of the writ petitioner appeared and sought adjournment. The hearing of the application was accordingly adjourned till 17th November, 2011.
(3.) ON 17th November, 2011 no one appeared for the writ petitioner. There was also no request for adjournment. The learned Tribunal accordingly passed an Order No. S -339 -341/KOL/2011, dated 17th November, 2011 directing the writ petitioner to deposit all dues adjudged against the writ petitioner within a period of six weeks from the date of receipt of the Order dated 17th November, 2011 and to report compliance on 9th January, 2012.;