JUDGMENT - KOCHAR R.J., J.:—This matter can be disposed of at this stage itself. We, therefore, grant rule and make the rule returnable forthwith by consent. Heard finally.

2.The petitioners are aggrieved by the order dated 6-9-2001 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, West Regional Bench at Mumbai (for short, the Tribunal) in Appeal No. E/1045/96-Bombay arising out of an Order-in-Original No. 1/96 dated 4-12-1995 passed by the Commissioner of Central Excise and Customs, Nagpur. By the impugned order, the learned Tribunal was pleased to dismiss the appeal for the reasons recorded in the order. We are not dealing with the merits of the order passed by the Tribunal.

3.The petitioners have approached this Court to pray for setting aside of the impugned ex parte order passed by the Tribunal against the petitioners. It is the case of the petitioners that on 20-3-2001 at the time of hearing of the appeal, no one had attended the hearing of the appeal and an application for adjournment was posted giving the ground for adjournment that the Officer, who was attending, had fallen ill. It appears from the order that the said adjournment application was not grant

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