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2015 (10) TMI 1213 - AT - Central ExciseRestoration of appeal - Appeal dismissed for non compliance with pre deposit - Section 35F - Held that:- The order dated 13.03.2013 by which the appeals filed by these three appellants had been dismissed is an ex parte order as the order itself mentions that none was present for the appellants nor there is any adjournment application. Moreover, while separate stay applications had been filed by the above mentioned three appellants along with stay application filed by M/s. Puneet Exports INC, in the order dated 13.03.2013, there is absolutely no direction for these appellants regarding pre-deposit. Para-4 of the stay order dated 13.03.2013 simply directs that the “appellants” to deposit an amount of ₹ 87,44,929/- within four weeks and also clarifies that this order has imposed pre-condition in respect of all these applicants. Hon’ble Delhi High Court in case of Rajinder Gaur Vs. CCE reported in [2013 (6) TMI 58 - DELHI HIGH COURT] in the background of the fact that while the main appellant had been directed to make pre-deposit with the observation that if it was made, other co-appellants were not required to make pre-deposits and there was no direction given that if the main appellant defaulted, other appellants would also be considered as defaulters, the appeals of the other appellants cannot be dismissed for non-compliance and that without dealing with the individual appellant’s case for stay, the Tribunal ought not to have mechanically assumed default and dismissed their appeals - Appeal restored.
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