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2016 (6) TMI 710 - CESTAT CHENNAI

2016 (6) TMI 710 - CESTAT CHENNAI - TMI - Restoration of appeal - condonation of delay - earlier application was dimissed ex-parte - Held that:- Record reveals that principal appeal No.C/308/2010 is on the records of the Tribunal. It appears that appeal is alive. If the appellant is not given opportunity, throwing the appeal at its threshold stage, this appellant maybe aggrieved and becomes a fate accompli for the principal case to prevent such miscarriage of justice, it would be at the interest .....

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:- 18-5-2016 - Shri D.N. Panda, Judicial Member and Shri V. Padmanabhan, Technical Member Shri B. Satish Sundar, Advocate For the Applicant Shri K. Veerabhadra Reddy, JC (AR) For the Respondent ORDER Ld. counsel says that germane of the case was from the Customs Appeal No.C/308/2010. In that case, stay order was passed on 7.2.2011 vide Stay Order No.204/2011, directing predeposit of ₹ 10 lakhs by the appellant Rajan Ran. 2. Ld. counsel explains that the allegation against the present appel .....

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application was disposed by an order dt. 24.10.2013 vide MISC Order No.42491/2013 and again for absence of the appellant and also without any adjournment application that application was dismissed. 5. Appellant explains that it is before Tribunal on the aforesaid scenario to seek leave for presenting its case through the present application to restore the appeal as well as the stay application after condoning the delay. 6. Revenue says that when the appellant has come with so much of delay and a .....

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