2000 (7) TMI 350

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....ndent. [Order per : G.R. Sharma, Member (T)]. -  Shri Gopal Prasad, ld. Counsel arguing the application for restoration of the appeal No. C/56/99-NB filed by the Shri Harbans Singh submits that on the date of reporting compliance, the Counsel for the applicant had requested for adjournment of the case. He submits that before that date, the applicant had already filed an application for ....

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....of the matter, the appeal has rightly been dismissed. 3.  We note in the instant case compliance was to be reported on 6-1-2000. We further note that the modification application was received on 27-12-99. It was numbered but registry failed to put up the modification application before the Bench and the Bench passed the order in the absence of the modification application. 4.  Sinc....

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....ied and pre-deposit of penalty may be waived. 6. Shri R.D. Negi, ld. SDR submits that these points now being reiterated have been taken into consideration at the time of passing the detailed order on the stay petition filed earlier. He submits that nothing new has been brought our. Ld. DR submits that since the applicant did not comply with the stay order by depositing the amount on or bef....