TMI Blog2010 (11) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... file another application incorporating such ground, once the previous application has been finally disposed of - Tribunal taking into consideration all the facts relevant for deciding whether the appeal deserves to be restored or not, disposed of the application by passing a reasoned order - The issue of restoration of appeal is concerned, therefore, this Tribunal became functus oficio on passing of such order - It is not permissible for the party to reagitate and for the same reason for the Tribunal to reconsider the said issue under another application. Appeal - The party as well as advocate were fully aware that the matter was fixed for hearing on 8th of April 2010 and in fact the advocate was very much present during the morning sess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2009 [2010 (259) E.L.T. 638 (Tri. - Del.)] by this Tribunal was drawn and he was requested to satisfy the Tribunal as to how second restoration application could lie, he submitted that when the matter was heard in the said restoration application, the decision of the Apex Court was not at his hand and, therefore, the same could not be produced on that day, besides the present application having been filed on a different ground, and therefore the same is maintainable. He also submitted that the Tribunal has inherent power to entertain such application. 4. It is a matter of record that after the dismissal of the appeal on 8th of April, 2010, the appellants filed application for restoration being ROA No. 69 of 2009 and the same was heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent on the day when the matter was fixed for hearing. That was not the case in the matter in hand. In the case in hand, the party as well as advocate were fully aware that the matter was fixed for hearing on 8th of April 2010 and in fact the advocate was very much present during the morning session in the Tribunal. Under what circumstances, the Tribunal was constrained to dismiss the appeal for non-appearance of the party and advocate on that day and under what circumstance the Tribunal had passed the order of dismissal of the appeal has been elaborately discussed in the order dated 30th July 2010. In the facts and circumstances of the case, therefore, the decision of the Apex Court sought to be relied upon is of no help to the appellants i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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