STAY APPLICATION - CESTAT

[Shrikant Gaonker]

ONE company had deposited the amount ordered by CESTAT Bench within the given time against their stay application and submitted the challan alongwith letter intimating the compliance of the Bench order ten days before the stipulated period. On 25.10.10 matter came before the BENCH and as appellant had not appeared in person { but had submitted the compliance report to the Registry }, the BEnch ruled that no evidence is produced regardindg deposit and non appeared for appellants. Appeal dismissed. Kindly let us know, whether the action of CESTAT to dismiss the stay appln & appeal is correct & what is the remedy to restore it.

[Ramanujam Varadarajan]

The following rule of CESTAT, Rules 1982 may be referred for further action

RULE 20. Action on appeal for appellant's default: Where on the day fixed for the hearing of the appeal or on any other day to which such hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Tribunal may, in its discretion, either dismiss the appeal for default or hear and decide it on merits:

Provided that where an appeal has been dismissed for default and the appellant appears afterwards and satisfies the Tribunal that there was sufficient cause for his non-appearance when the appeal was called on for hearing, the Tribunal shall make an order setting aside the dismissal and restore the appeal

[dinesh agrawal]

file an application for restortion of appeal.

[dinesh agrawal]

File a miscellaneous application for restoration of appeal.

AI Summary

Company's Appeal Dismissed for Non-Appearance Despite Compliance; Possible Restoration Under CESTAT Rule 20 Discussed A company complied with a CESTAT Bench order by depositing the required amount and submitting proof before the deadline. However, the appeal was dismissed because the appellant did not appear in person, despite submitting compliance documentation. The forum discusses whether CESTAT's dismissal was appropriate and potential remedies. One participant refers to CESTAT Rule 20, which allows for appeal dismissal if the appellant is absent, but also permits restoration if a valid reason for absence is provided. Another suggests filing an application to restore the appeal.