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2020 (2) TMI 1113 - AT - Central ExciseRestoration of appeal - non-compliance of the requirement of Section 35F of the Central Excise Act, 1944 - HELD THAT:- It is an admitted fact on record that the applicants did not comply with the stay orders dated 22-4-2013 and 24-6-2013 passed by this Tribunal and for that purpose, the appeals of the applicants were dismissed by the Tribunal for such non-compliance. We find from the available records that the above referred stay orders were compiled by the applicants on 8-3-2018 and 23-4-2018, which are more than four and a half years from the date of passing of the said stay orders. We also find that in the stay applications filed before the Tribunal, the applicants had not pleaded for the financial difficulties faced by them. Thus, for non-compliance of the stay orders, the Tribunal has rightly dismissed the appeals filed by the appellants. The applicants are directed to deposit the entire adjudged dues confirmed in the original orders within a period of 4 weeks from the date of receipt of this order and to report compliance on 10-7-2019. The appeal shall be restored back to file subject to receipt of the compliance report by the next date of hearing. Registry is directed to list the matter on 12-7-2019 for further orders.
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