2009 (8) TMI 989

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt. ORDER Ld. Counsel Shri Bipin Garg prays that this appellant will be thrown from the process of justice for his own mistake. Tribunal directed to make deposit of Rs. 30,000/- (Rs. thirty thousand) within eight weeks in terms of order dt. 8-2-08 in Stay Application No. C/2896/07 arising out of Customs Appeal No. 773/07. Due to financial hardship, the appellant made the deposit of the direc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en prejudiced for violation of principles of natural justice. This finding alone is enough to do justice to the appellant. Settled principles of law is that violation of natural justice is an incurable defect even at the appellate stage. We do appreciate that the appellant shall be thrown out of process of justice if delay is not condoned. It may be stated that appellate power is also coupled with....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appeal should be maintainable. We put a pointed question to the learned Departmental Representative that if the appeal is held to be not maintainable, what would be the remedy of the appellant. The law does not countenance a situation where the person is rendered remediless. In the circumstances of the case, the only option available to the appellant was to approach the Commissioner and the Commi....