TMI Blog2009 (8) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... wa and Shri B.S.V. Murthy, JJ. Shri Devan Parikh, Advocate, for the Appellant. Shri R.S. Srova, JDR, for the Respondent. ORDER Both the Restoration of Applications are being disposed off by a common order. 2. The stay petitions filed by the M/s. Shree Sanand Textile Industries Ltd. and M/s. Karan Fibres Fabrics Ltd. were disposed off by Tribunal vide Order No. S/1408 to 1438/WZB/06-C-II(EB), dt. 25-8-2006 [2007 (211) E.L.T. 33 (Tribunal)] and No. S/137/WZB/Ah bad/07, dt. 22-1-2007 respectively. A detailed examination of the facts and evidences available on record was carried out by Tribunal and it was found that the appellants do not have a prima facie good case in its favour. Accordingly, they were directed to deposit du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are not in a position to deposit, the appeals were dismissed for non-compliance vide Order No. M/902/WZB/AHD/07; A/2091/WZB/AHD/07, dt. 6-8-2007 No. A/2357/ WZB/AHD/07, dt. 30-8-2007 respectively. 6. The said order of the Tribunals were challenged by the appellants before Hon ble High Court of Gujarat by way of filing a writ petition, which were disposed off by Hon ble High Court vide Orders dt. 24-4-2009, and 17-4-2009 respectively, accepting the appellant s prayer to withdraw the petition and to move an application before Tribunal as per the directions contained in the said order of Hon ble High Court, the Tribunal shall decide the same in accordance with the law. 7. We have heard Shri Devan Parikh, learned advocate in support ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned JDR. Hon ble High Court has directed the Tribunal to consider the matters in accordance with the law. 11. The present applications are for restoration of the appeals which already stand dismissed for non-compliance. The appellants have not shown any compliance with the stay order, in which case only the appeals can be restored. The present ROAs cannot be considered to be the applications for modification of the stay orders, which is no longer the subject matter, the appeals having been already dismissed for non-compliance. However, while appreciating the submissions made by both sides, we find force in the contention of the learned JDR. Tribunal, even at stay stage, has considered the merits of the cases and has passed the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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