2010 (1) TMI 1032

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..... JCDR, for the Respondent. ORDER This application is filed by the applicant for restoration of appeal Nos. 851-853/07. Learned counsel would submit that their appeals have been dismissed for non-compliance by this Bench vide Final Order Nos. 1261 & 1263/2008 dated 3-11-2008. 2. It is his submission that date for compliance of pre-deposit of the amount as ordered by the Bench falls on 18-11-2008 .....

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..... by this Bench vide Final Order Nos. 1261-1263 dated 3-11-2008 on the grounds of non-compliance. Registry was directed to inform as to whether the Final Order Nos. 1261-1263/2008 dated 13-11-2008 was dispatched to the appellants. Registry has confirmed that the said final order was dispatched to the appellant on 19-11-2008 itself through speed post. The appellants in their applications for restorat .....

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..... dismissed either for non-compliance of the provision of Section 35F of the Central Excise Act, 1944 or otherwise. Further, under no stretch of imagination, there could be a justification to file an application at the sweet will of the applicant. Since the original period for filing the appeal is itself described as three months, the application for restoration will have to be filed within the maxi .....

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