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2018 (11) TMI 771 - HC - CustomsMaintainability of petition - non-compliance with the full amount of pre-deposit - Held that:- It will be unjust, for the petitioner, to undergo, the rigmarole of paying the deficit of ₹ 5 lakhs of pre-deposit for restoration of the appeal, which is the subject matter of the Order-in-Original dated 31.12.2013. That since in an identical appeal, by an order dated 12.09.2017, the CESTAT has remanded the proceedings to the adjudicating authority keeping all issues open, we see no reason why a similar order, be not made, as far as the subject matter of OIO dated 31.12.2013 is concerned. Appeal filed by the petitioner, against such order is deemed to be restored.
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