TMI Blog2016 (8) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the period while the company was before the BIFR. As of now, the company has been given a revival package as approved by BIFR. This means that every little opportunity and support that could be extended to the company to make it revive have to be permitted to flow through whatever system that it can take in. We, therefore, are of the view that the learned Tribunal, on the totality of the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed standing counsel for the Department. 2.This appeal, at the instance of a company is against the decision dismissing the restoration application by the CESTAT. 3.The appellant's appeal was considered and a waiver application and a stay application were ordered directing stay of recovery and grant of waiver on condition that the appellant deposits an amount of ₹ 10,00,000/-(Rupees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be extended to the company to make it revive have to be permitted to flow through whatever system that it can take in. We, therefore, are of the view that the learned Tribunal, on the totality of the facts and circumstances of the case, ought to have considered the case as one where imposition of costs would have been sufficient to grant restoration of the appeal to file, particularly when the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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