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2016 (8) TMI 701 - KERALA HIGH COURT

2016 (8) TMI 701 - KERALA HIGH COURT - 2016 (338) E.L.T. 223 (Ker.) - 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 also during 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 .....

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with. - Decided in favour of appellant - Customs Appeal No.47 of 2015 - 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 for the Appellants. Shri Saiby Jose Kidangoor, Advocate And Thomas Mathew Nellimoottil, SC, EX, for the Respondent. JUDGMENT: 1.Heard learned counsel for the appellant and learned st .....

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er, the appellant filed the application for restoration. We have perused 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 disturb that finding. While it may be true that the appellant had not taken due steps to prosecute the appeal after it was dismissed for default, such situation was also during the p .....

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