TMI Blog2015 (11) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... e, subject to payment of pre-deposit and ordered payment of 50,000/- as cost to the Department. However, purely on the facts of this case and without creating any precedence for any future case, and in the event of the applicants compliance to pay costs quantified @ ₹ 10,000/- (Rupees Ten thousand only) within 4 weeks to the Assistant Registrar, CESTAT, Chennai, the appeals shall be restored to its original position - Conditional restoration done. - E/ROA/40636/2015 in E/479/2004 - MISC. ORDER No. 41208 / 2015 - Dated:- 15-9-2015 - Shri R. Periasami, Technical Member And Shri P.K. Choudhary, Judicial Member For the Petitioner : Shri T. Ramesh, Adv. For the respondent : Ms. Indira Sisupal, AC (AR) ORDER Per: P.K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the entire amount. 6. The Ld. Counsel for the applicants Shri T. Ramesh, submitted that the applicants were not aware about the dismissal of their appeals before Cestat and came to know about it only on 03.07.2015 and obtained the copy of the order on 06.07.2015 and after depositing the balance amount of ₹ 2,50,000/- on 08.07.2015, have filed applications for restoration of appeals. He further submitted that the applicants writ petition all throughout was pending before the Hon ble High Court till the final order was passed on 09.04.2015, dismissing the writ petition. Since the applicants have complied with the stay order passed by the Tribunal, and also the direction of the Hon ble High Court, the appeal dismissed for non-complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restoration of appeals have been filed by them before this Tribunal. 9. In view of the peculiar facts and circumstances of the case, and by respectfully following the above Hon ble High Court decisions, we are of the considered opinion that the restoration of appeals will not costs any prejudice to either side. The Hon ble High Court of Madras in the case of STC Technologies Pvt. Ltd. Vs. Cestat, Chennai (supra) was pursuing the matter before the High Court and subsequently complied the pre-deposit and the appeal was allowed. The Hon ble High Court of Bombay in the case of Quality Apparel Exporters Pvt. Ltd. Vs. CC (Exports) (supra) restored the appeal when the Tribunal dismissed the appeal for non-compliance, subject to payment of pre- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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