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M/s. ALUMINIUM INDUSTRIES LIMITED Versus COMMISSIONER OF CUSTOMS, KOCHI

2016 (8) TMI 701 - KERALA HIGH COURT

Dismissal of restoration application by the CESTAT - non-compliance with the directions contained in the stay order - Held that:- the appellant had not taken due steps to prosecute the appeal after it was dismissed for default, such situation was als .....

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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 co .....

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- Dated:- 17-2-2016 - MR. THOTTATHIL B. RADHAKRISHNAN AND MRS. ANU SIVARAMAN JJ. Shri Joseph kodianthara, Sr. Advocate, V. Abraham Markos, Binu Mathew, Tom Thomas (kakkuzhiyil), Abraham Joseph Markos, Isaac Thomas And Noby Thomas Cyriac, Advocate fo .....

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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 conditio .....

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ed the order of the learned Tribunal which has been succinctly stated that the law is certain that the Tribunal has power to restore the appeal dismissed for non-compliance with the directions contained in the stay order. We do not find our way to di .....

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s 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, .....

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