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2015 (11) TMI 1031 - CESTAT MUMBAI

2015 (11) TMI 1031 - CESTAT MUMBAI - TMI - Recall of order - Appeal dismissed for non compliance with pre deposit order - Held that:- This application is filed for restoring Appeal which was dismissed by the bench [2015 (11) TMI 957 - CESTAT MUMBAI] holding that the appellant had not complied with the pre-deposit ordered by the bench. This dismissal of the appeal for non-compliance seems to be erroneous inasmuch there was no pre-deposit ordered by the bench as the appeal is against dismissal of .....

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secution. 2. When the matter was called out, none appeared on behalf of the appellant. Appellant has filed a written submission which is taken on record. 3. Heard the Departmental Representative. 4. On perusal of the records, I find that in the Miscellaneous order dated 30.03.2015 this bench dismissed the application for restoration of appeal for non-prosecution of the same. I find the order needs to be recalled as the appellant had prayed in the adjournment request that the dealing excise offic .....

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