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2015 (10) TMI 682 - HC - Central ExciseRestoration of appeals - Applications for restoration were dismissed on account of reporting no instructions by the counsel appearing for the appellants - Held that:- appeals are liable to be restored as petitioners have serious contentions on merits. The dismissal for non-prosecution arises in extreme situation where parties continuously failed to prosecute appeals. Absolutely, there is no such finding in the matter that appellants were absent on all occasions. On mere absence of one or two occasions shall not deprive the appellants an opportunity to contest the impugned orders on merit. The petitioners also have explained delay in filing applications to restore the appeals. Though averments in the application to explain delay is not at all satisfactory, and there is a justification in observing so in the impugned orders by the Tribunal, however, interest of justice demands matter should be heard on merits. - Appeal restored.
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