Harsha Devani, J.

1. Rule. Ms. Avani Mehta, learned senior standing counsel waives service of notice of rule on behalf of the respondents. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.

2. By this petition under Article 226 of Constitution of India, the petitioners have challenged the order-in-original dated 29.1.2016 passed by the Commissioner of Customs and Central Excise, Surat-II, whereby the adjudicating authority has passed an ex parte order confirming the proposals under the show cause notice dated 23.01.2006.

3. The first petitioner company is a 100% EOU engaged in the manufacture of processed/dyed and/or printed fabrics/sarees/dress materials and other fabrics and the second petitioner is a Director of the first petitioner company. The petitioners' premises came to be visited by the Central Excise officers in January and March 2001, pursuant to which, a show cause notice dated 23.01.2006 came to be issued for recovery of duty. The adjudicating authority passed an order-in-original confirming the demand, which order came to be challenged by the petitioners before the Customs, Excise and Service Tax Appe