2016 (8) TMI 662

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....Advocate) for the Appellant Mr. G. R. Singh (DR) appeared for the Respondent ORDER ROA applications have been filed seeking recall of the Tribunal's order No. A/58690-58691/2013 dated 20.12.2013 in terms of which the appellant's appeals were dismissed for failure to comply with the stay order dated 15.07.2013.  2.  The facts of the case as narrated by the Ld. Advocate are as ....

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.... succeeded even at the level of Supreme Court, they have now managed to deposit the amount as ordered by the Tribunal and cited the judgment of Hon'ble Supreme Court in the case of Kisan Gramodyog Sansthan vs CCE Kanpur [2015 (319) ELT 370 (S.C.)] & Hon'ble Tribunal in the case of Shree Wood Products (Pvt.) Ltd. vs CCE Delhi [2005 (179) ELT 503 (Tri. Del)] to plead that such ROA application can be....

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....ch dismissal they approached the High Court and having not succeeded there even approached the Supreme Court but failed to get any relief there too.  Now they claim to have deposited the amount as ordered vide CESTAT stay order and are seeking restoration of appeal.  Restoring the appeal in these circumstances would be  tantamount to extending the time allowed for pre-deposit by the....