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2015 (2) TMI 786 - CESTAT AHMEDABADRestoration of appeal - Pre deposit ordered - Compliance made by due date - Appeal dismissed for non compliance - Restoration application mistakenly taken as extension of stay order - After noticing mistake extension of stay denied - Held that:- applicant complied with the stay order before the date of dismissal of appeals. The Tribunal by order dtd 24.3.2006 dismissed the appeals for non compliance of the stay order. In May 2005, the applicant filed the applications for restoration of appeal dismissed for non-compliance of stay order. It seen from the Notice dtd 21.7.2014 of the Registry of the Mumbai Bench of the Tribunal that the said applications for Restoration of appeals inadvertently listed as extension for stay order and the Tribunal by orders time to time extended the period of stay orders. However, in 2014 it was noticed by the Registry of Mumbai Bench. Apparently, there is no fault on the part of the applicant. - applicant filed applications for restoration of appeal within two months from the date of dismissal of the appeals. The Registry of the Tribunal wrongly listed as application in extension of stay order. In our considered view, the order dtd 24.3.2006 should be recalled and the appeal should be restored in its original number in the interest of justice. - Appeal restored.
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