TMI Blog2015 (3) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 was passed by this Tribunal in the presence of learned Counsel appearing on behalf of the applicant who argued before this Tribunal. Therefore, at this stage, learned Counsel cannot argue that certain points were ignored by this Tribunal. If certain points have been ignored, counsels’ representing the appellant should have mentioned at the time of dictation itself. If same were not taken into co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DER [Order per : Ashok Jindal, Member (J)]. - The applicant has filed an application for restoration of appeal which was dismissed by this Tribunal for non-compliance with the stay order dated 8-9-2014 by an order dated 8-12-2014. 2. Vide order dated 8-9-2014, the applicants were directed to make a deposit of 50% of the duty during the pendency of the appeal and to report compliance on 8- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stored and pass the order in their stay cum waiver application. 2. Heard the parties. 3. Learned AR opposed the contention of learned counsel in application filed by the appellant and submits that in para 7 of the application, the contention of the appellant is that certain important contentions raised in support of stay order has been escaped by the Members while passing the stay order. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms Act, 1962. We also find that the said order dated 8-9-2014 was passed by this Tribunal in the presence of learned Counsel appearing on behalf of the applicant who argued before this Tribunal. Therefore, at this stage, learned Counsel cannot argue that certain points were ignored by this Tribunal. If certain points have been ignored, counsels representing the appellant should have mentioned at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant has not complied with the interim order, Tribunal should have vacated the interim order and reject the stay application but non-compliance of the interim order cannot be a ground to reject the appeal of the appellant, which in our opinion was required to be adjudicated on merits. 5. In these circumstances, we recall our order dated 8-12-2014 and vacate the stay order passed by this Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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