2010 (1) TMI 1032

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....ant. Ms. Joy Kumari Chander, JCDR, for the Respondent. ORDER This application is filed by the applicant for restoration of appeal Nos. 851-853/07. Learned counsel would submit that their appeals have been dismissed for non-compliance by this Bench vide Final Order Nos. 1261 & 1263/2008 dated 3-11-2008. 2. It is his submission that date for compliance of pre-deposit of the amount as ord....

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.... appeals of the applicants were dismissed by this Bench vide Final Order Nos. 1261-1263 dated 3-11-2008 on the grounds of non-compliance. Registry was directed to inform as to whether the Final Order Nos. 1261-1263/2008 dated 13-11-2008 was dispatched to the appellants. Registry has confirmed that the said final order was dispatched to the appellant on 19-11-2008 itself through speed post. The app....

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....e application for restoration of the appeal dismissed either for non-compliance of the provision of Section 35F of the Central Excise Act, 1944 or otherwise. Further, under no stretch of imagination, there could be a justification to file an application at the sweet will of the applicant. Since the original period for filing the appeal is itself described as three months, the application for resto....