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    <title>2010 (8) TMI 249 - CESTAT, MUMBAI</title>
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    <description>An appeal dismissed for non-compliance with a pre-deposit direction may be restored once the directed amount has been deposited or recovered in full. The earlier dismissal is not treated as a review of the prior order, and prior writ proceedings do not bar fresh consideration where compliance has since been achieved. Rule 41 of the CESTAT (Procedure) Rules, 1982 was applied to support an appropriate order in the interests of justice. On that basis, the restoration application was allowed and the appeal was restored.</description>
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      <description>An appeal dismissed for non-compliance with a pre-deposit direction may be restored once the directed amount has been deposited or recovered in full. The earlier dismissal is not treated as a review of the prior order, and prior writ proceedings do not bar fresh consideration where compliance has since been achieved. Rule 41 of the CESTAT (Procedure) Rules, 1982 was applied to support an appropriate order in the interests of justice. On that basis, the restoration application was allowed and the appeal was restored.</description>
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