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2017 (4) TMI 137 - HC - CustomsRestoration of appeal - rejection on the ground that on 3-7-2015, the appeal itself was dismissed as withdrawn - Held that: - It is an established principle of law that mistake of law or mistake in legal understanding of opinion of a counsel does not bind the party whom he or she represents or at least to the extent of causing irreparable prejudice. This is exactly what happened in this case. The appellant did not have any alternative remedy; yet the CESTAT permitted withdrawal of the appeal. In refusing to restore the appeal on the technical ground that the applicant’s contention that there was no mandatory pre-deposit condition, the CESTAT merely compounded the injustice - the appeal preferred before the CESTAT i.e. ST No. 51757/2015-originally dismissed as withdrawn on 3-7-2015 should be restored to the file of the CESTAT - appeal allowed - decided in favor of appellant.
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