2020 (5) TMI 347 - CESTAT MUMBAI - Customs

Head Note / Extract:
Restoration of mistake - recall of the order - HELD THAT:- In the order dated 04.12.2013 while disposing the stay application filed by the various appellants including the present appellant, this Tribunal directed pre-deposit 10% of the penalty imposed on each of them. Thereafter, time and again, the appellant filed modification applications repeating the same grounds of financial difficulty. Each of the said modification application had been rejected on merit by this Tribunal. Also, while rejecting the respective modification applications, extension of time of deposit was granted to the appellant for compliance of the stay order. Instead of complying with the directions, the appellant indulged on dilatery tactics to avoid the deposit of the directed amount by filing modification applications time and again repeating the same grounds. The last of the modification application, the subject matter of the present ROM application, was dismissed for non-prosecution; but in the interest of justice, later restored, The appellant though did not appear on 05.06.2018, but it was again considered on merit and dismissed. There are no merit in the present application seeking recall of the order dated 05.06.2018 and to hear the appellant again. ROM application dismissed.