Mandatory filing of the Order-in-Original copy can justify dismissal when the procedural defect remains uncured.

An appeal under the CEGAT (Procedure) Rules, 1982 was required to be accompanied by the copy of the Order-in-Original. Where the appellant repeatedly failed to file that mandatory document despite reminders, a show-cause notice, and further correspondence, the defect remained uncured and the appeal could not be entertained. The procedural default therefore justified dismissal under Rule 11. The stated principle is that non-compliance with an essential filing requirement, if not remedied after repeated s to cure, renders the appeal liable to dismissal under the applicable procedural rules.

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Issues: Whether the appeal was liable to be dismissed for failure to comply with the procedural requirement of enclosing the copy of the Order-in-Original.

Analysis: The appeal was repeatedly pointed out to suffer from the absence of the necessary copy of the Order-in-Original. Despite several reminders, a notice to show cause against dismissal, and further correspondence, the defect was not cured. The procedural lapse remained uncured and the appeal could not be entertained.

Conclusion: The appeal was dismissed under Rule 11 of the CEGAT (Procedure) Rules, 1982.

Ratio Decidendi: An appeal that fails to comply with the mandatory procedural requirement of filing the requisite order copy, despite repeated opportunities to cure the defect, is liable to be dismissed under the applicable procedural rules.

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