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2013 (10) TMI 950 - AT - CustomsRestoration of Appeal – Held that:- The letter of the party was not placed before the bench on 26.3.2004 - Apparently, there was no representation for the party before the bench on 26.3.2004 - having found no evidence of COD’s clearance having been obtained by the PSU, this bench dismissed both the appeals on 26.3.2004 - the present applications cannot be rejected for want of explanation of delay thereof - The fact that Committee on Disputes clearance was duly intimated to the Registry by the appellant on 15.3.2004 is undeniable - though there is no explanation for non-appearance of the appellant or their counsel on 26.3.2004, we are inclined to allow these applications - The final order insofar as it pertains to BPCL is recalled and both the appeals are restored to the respective original numbers.
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