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2016 (6) TMI 710 - CESTAT CHENNAIRestoration of appeal - condonation of delay - earlier application was dimissed ex-parte - Held that:- Record reveals that principal appeal No.C/308/2010 is on the records of the Tribunal. It appears that appeal is alive. If the appellant is not given opportunity, throwing the appeal at its threshold stage, this appellant maybe aggrieved and becomes a fate accompli for the principal case to prevent such miscarriage of justice, it would be at the interest of justice that this present appeal should also be heard along with principal appeal. In view of aforesaid difficulties and to do justice to both sides, the present application to restore the restoration application is allowed and also considering the grievance of the appellant as to 34 days in seeking appeal remedy for reasons attributable to it and also for no malafide reason, the application for condonation of delay is allowed.
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