Tribunal dismisses restoration application, imposes costs for non-prosecution. Appellant detained, ordered to pay Rs.5000.

The Tribunal dismissed the appellant's application for restoration of a Stay Application due to non-prosecution and imposed costs of Rs.5000 on the appellant for habitual default in pursuing proceedings. The appellant failed to appear in court as he was detained by the Railway Police. The costs were ordered to be paid to the Commissioner of Customs (Import), JNCH, Nhava Sheva within four weeks, following which the Tribunal recalled its previous order and restored the stay application to its original status.

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Issues involved: Application for restoration of Stay Application dismissed for non-prosecution, imposition of costs on the appellant.

Analysis:
1. The appellant filed a miscellaneous application seeking restoration of a Stay Application that was dismissed for non-prosecution by the Tribunal. The case was adjourned to 28.09.2012 at the appellant's request, but he failed to appear as he was detained by the Railway Police for traveling in a non-entitled class by mistake. The appellant had a history of defaulting in pursuing proceedings before the Tribunal and other judicial forums, as noted from previous dismissal and restoration of an appeal by the High Court of Bombay.

2. The Tribunal, considering the appellant's habitual default, decided to impose costs on the appellant for restoration of the stay application. The costs were quantified at Rs.5000, to be paid to the Commissioner of Customs (Import), JNCH, Nhava Sheva within four weeks from the date of the judgment. Upon payment of the costs, the Tribunal ordered the recall of its previous order dated 28.09.2012 and restoration of the stay application to its original number.

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