2012 (10) TMI 228

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....ishra, ASG, for the Respondent.  [Order]. -  By this petition, the petitioner impugns the order passed by the Customs, Excise and Service Tax Appellate Tribunal on 7-5-2009 [2009 (242) E.L.T. 222 (Tribunal)] dismissing an application filed by the petitioner for restoration of the appeal by setting aside the order dated 5-11-2007 dismissing the same in default. 2. It appears....

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....s, the order needed to be complied on or before 5-10-2007. When the matter came up for hearing before the Tribunal on 5-11-2007, none appeared on behalf of the petitioner and as there was no compliance of the order dated 18-5-2007 and 20-8-2007, the appeal was dismissed for non-compliance. The petitioner filed an application for restoration of the appeal, but the same was dismissed by an order dat....

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....was filed in the year 2004 and the same was not prosecuted diligently by the petitioner, dismissed the application filed by the petitioner as there was absence of sufficient cause in not depositing the amount of Rs. 9,00,000/- before the Tribunal in terms of the orders dated 18-5-2007 and 20-8-2007. Though, the appeal was dismissed by an order dated 5-11-2007, the present application was filed on ....