2015 (12) TMI 866

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....(Judicial) For the Petitioner : Shri.Manish Saharan, Advocate For the Respondent : Shri.Pramod Kumar, JCDR ORDER Per: Rakesh Kumar The stay application filed by the appellant alongwith the appeal had been dismissed exparte vide Tribunal's order dated 01.08.2011 for non-prosecution, as on the date fixed for hearing of stay application, none representing the appellant had appeared and....

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.... to know about the dismissal only when the recovery proceedings were initiated. 2. The restoration application filed in January, 2014 was heard on 19.05.2014 when the appellant's Counsel Shri Manish Saharan was also present. The Tribunal vide order dated 19.05.2014 dismissed the restoration application on the ground that though the appellant in the restoration application had made a statement t....

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....order dated 17.10.2011, and that only in January, 2014, when the recovery proceedings were initiated by the Department they became aware of this matter and the restoration application was filed. 3. Heard both the sides. 4. Shri Manish Saharan, Advocate, the ld. Counsel for the appellant, pleaded that the appellant have now deposited the entire amount of duty demand, interest and penalty and ....

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....ication for allowing the restoration application. 6. We have considered the submissions from both the sides and perused the records. 7. The order dated 01.08.2011 dismissing the stay application for non-prosecution in an ex-parte order and similarly the order dated 17.10.2011 dismissing the appeal for non-compliance of the provisions of Section 35F is also an exparte order. According to the ....