2003 (2) TMI 317

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.... application the prayer is to restore the appeal which was dismissed on 2-7-2001 on the ground of non-compliance with the stay order passed under Section 35F of the Central Excise Act. 2. By stay order dated 4-5-2001, this Bench had directed the applicants to pre-deposit an amount of Rs. 5 lakhs on or before 30-6-2001 under Section 35F ibid. The party did not, or could not, make the pre-depo....

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.... on 19-7-2002, i.e. more than a year after the last date stipulated by the Tribunal. The present application submitted by the applicant's Counsel does not disclose the reasons for the delay, nor is it accompanied by any affidavit of the party stating the reasons. Ld. Counsel, in answer to queries raised in this behalf by the Bench, submits that such technical shortcomings are condonable in the wid....