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2016 (9) TMI 411 - AT - CustomsUnconditional release of the attached properties – restoration of appeals – pre-deposit for hearing of appeal - Held that: - the appeal in respect of which amount of pre-deposit has been deposited by the appellant, the restoration has been granted. For the Order dated 11.8.2014 passed by the Hon’ble High Court in a challenge to the said common order dated 23.7.2013 against the same applicants, inclination shown towards restoration of those remaining appeals for hearing them on merits in respect of which the amounts directed vide earlier Order dated 3.1.2007 are already paid, but subject to payment of total cost of ₹ 1,00,000/- within one week from receipt of this Order. Upon reporting compliance of the same on expiry of one week, these appeals bearing nos. C/790/06, C/794/06, C/791/06, C/793/06, C/795/06 and C/787/06 shall stand restored and recovery under the said Orders-in-original qua the concerned appellants would remain stayed till final disposal of the appeals. In respect of the remaining applications for restoration of appeals, where the applicants have only shown their willingness to make the payment, but have not yet deposited the amounts directed vide earlier Order dated 3.1.2007, appeals are not restored. Liberty granted to them to apply for restoration only after making payment of the amount directed to be deposited under Order dated 3.1.2007.These remaining applications concerning Appeal nos. C/784/06, C/788/06, C/786/06 and C/789/06 are thus dismissed with this liberty. Since all the appeals are restored subject to above payment of cost, immediately upon producing proof of payment of cost as above, the attachment of the properties would be lifted within one week of producing the proof of payment of cost. All applications disposed off.
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