2012 (12) TMI 272 - AT - Customs

Restoration of Stay Application - non-prosecution - held that - Appeal of the appellant was dismissed earlier on sufficient cause and the same was restored on payment of costs quantified at Rs.5000/- The appellant seems to be a habitual defaulter so far as pursuing the proceedings not only before this Tribunal but also before other judicial forum - Considering these facts, cost should be imposed on the appellant for restoration of the stay application. The costs quantified at Rs.5000/- should be paid to the accounts of the Commissioner of Customs (Import) JNCH Nhava Sheva within four weeks from today. On such payment the order of this Tribunal dated 28.09.2012 would be recalled and the stay application restored to its original number.

Summary

Issues involved: Application for restoration of Stay Application dismissed for non-prosecution, imposition of costs on the appellant.

Analysis:
1. The appellant filed a miscellaneous application seeking restoration of a Stay Application that was dismissed for non-prosecution by the Tribunal. The case was adjourned to 28.09.2012 at the appellant's request, but he failed to appear as he was detained by the Railway Police for traveling in a non-entitled class by mistake. The appellant had a history of defaulting in pursuing proceedings before the Tribunal and other judicial forums, as noted from previous dismissal and restoration of an appeal by the High Court of Bombay.

2. The Tribunal, considering the appellant's habitual default, decided to impose costs on the appellant for restoration of the stay application. The costs were quantified at Rs.5000, to be paid to the Commissioner of Customs (Import), JNCH, Nhava Sheva within four weeks from the date of the judgment. Upon payment of the costs, the Tribunal ordered the recall of its previous order dated 28.09.2012 and restoration of the stay application to its original number.