TMI Blog1992 (9) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... dents. [Order per : G.P. Agarwal, Member (J)]. This is an application for Restoration of Appeal dismissed for default of appearance under Rule 20 of the CEGAT (Procedure) Rules, 1982 by the Tribunal vide its Order No. 68/92-C dated 24-2-1992. 2. Appearing on behalf of the appellants, Shri J.F. Pochkhanwala, learned Senior Counsel for the appellants, submitted that the appeal was ordere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the counsel, and further that despite the direction of the Hon ble High Court of Delhi to decide the matter within eight weeks, the appellants are not serious about expeditious disposal of the appeal. Consequently, the Tribunal vide its aforesaid Order dated 24-2-1992 dismissed the appeal for default of appearance under Rule 20 of the CEGAT (Procedure) Rules, 1982. He also submitted that the direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay Order No. 16/90-C dated 5-2-1990 passed by this Tribunal as modified by the Hon ble High Court of Delhi vide its Order dated 3-4-1991, the appeal was also otherwise liable to be dismissed in terms of Section 129E of the Customs Act, 1962. 4. In his rejoinder, it was the contention of the learned Counsel for the appellants that the present appeal was dismissed by the Tribunal for default of ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 8 weeks in the Order was with regard to the deposit of Rs. 10,00,000/- and not with respect to the disposal of the appeal by this Tribunal. For ready reference, the relevant portion of the Order of the Court dated 3-4-1991 is reproduced as under : ...After hearing learned Counsel for the parties, we are of the opinion that it would be appropriate that the appellant deposits a sum of Rs. 10 la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T (Procedure) Rules, 1982. In other words, non-compliance of the said Stay Order, as modified by the Hon ble High Court of Delhi, was not the ground for dismissing the appeal. Therefore, we do not think it necessary to express our opinion about it at this stage. The respondent would be free to raise this objection, if so advised, after the restoration of the appeal. 6. In the result, we set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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