The learned representative of the respondent stated that there was no ground, for remand since it was they (the appellants) who had failed to reply to the show cause notice wherein a period of 35 days was given for them to submit their reply. The adjudicating authority waited for more than six months for any reply to come from the appellants but no reply was received. Thereafter, the appellants were given personal hearing on more than five occasions by the adjudicating authority. On the last date fixed for personal hearing i.e. on 26.09.2013, one of the appellants appeared for personal hearing and sought time up to 21.10.2013 to file the reply but no reply was sent whatsoever in the ensuing three months thereafter. He further stated that even after lapse of one year and 10 months, even after giving them a number of opportunities for personal hearing and even after the appellants promised to send the reply, nothing was done by the appellants. In the circumstances, the adjudicating authority had no option but to proceed on the basis of facts and documents available on record. Hence, the Learned Representative pleaded that there was no ground for remand of the matter
