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2018 (8) TMI 1447 - CESTAT NEW DELHIRestoration of appeal - the day when the matter was called i.e. on 21.08.2017, ld. Counsel for the appellant was dealing the matter in other Court and could not appear before the Bench - Held that:- Initially the matter was listed on 18.04.2017, 06.06.2017 and 14.07.2017. On all occasions, adjournment was sought by the appellant and on 21.08.2017 when the matter was called none appeared on behalf of the applicant. Therefore, the conduct of the appellant shows that the appellant is not interested to pursue the matter on merit - also, while passing the order this Tribunal has considered the submissions on merit. The appellant relied on the decision of the Tribunal in the case of Ballarpur Industries Ltd. [2018 (5) TMI 384 - CESTAT MUMBAI]. In the said case, this Tribunal has not passed the order on merit, therefore, the Tribunal remanded the matter. The facts of that case are different from the facts of the present case. The application for restoration of appeal dismissed.
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