2004 (3) TMI 643

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....s. C. Barnwal, SDR, for the Respondent. [Order per : M.P. Bohra, Member (J)]. - This application for restoration of the appeal has been filed by the applicant against Final Order No. E/899/98/B, dated 11-6-1998 by which the applicant's appeal was dismissed. Brief facts of the case are that the applicants filed an appeal against Order No. 17/90 dated 13-7-1990 passed by the Collector of Centr....

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....e parties and perused the records. The ld. Counsel for the applicant has submitted that compliance of the Hon'ble Tribunal's Interim order dated 29-11-1990 was made by him and a sum of Rs. 2 lakhs in cash under TR-6 challan on 22-2-1991 was deposited. A copy of the challan for Rs. 2 lakhs was given to the Superintendent of Central Excise, Range-IV Division, K-I, under the cover of the applicant's ....

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.... for restoration of the appeal. He was negligent and deserves no sympathy. He submits that the application may be dismissed. 4.  In the present case Interim order was passed on 29-11-1990, the notice of appeal was sent to the applicant by registered post and was directed to appear before Tribunal on 11-6-1998. On 11-06-1998 neither the compliance was reported nor any counsel or representat....