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2020 (2) TMI 1113

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....a, Member (T) Shri Prasad Paranjape with Mohit Rawal, Advocates, for the Appellant. Smt. Anuradha Parab, Authorized Representative, for the Respondent. ORDER The applicants have filed these miscellaneous applications, seeking for restoration of appeals, which were dismissed by the Tribunal vide Order No. A/740/13/EB/C-II, dated 29-7-2013 and A/763-764/13/EB/C-II, dated 29-8-2013 for non-compli....

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....f duty, interest and penalty shall remain stayed during pendency of appeals. The applicants did not comply with the stay orders dated 22-4-2013 and 24-6-2013, as a result, the appeals of the appellants were dismissed by the Tribunal vide Orders dated 29-7-2013 and 29-8-2013 for non-compliance with the provisions of Section 35F ibid. After a gap of more than four and a half years from the date of t....

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....pellant vide its letter dated 5-7-2013 had enquired with the registry of CESTAT about the procedure to make compliance of the orders in the given circumstances, but the request was not adhered to. Finally, the appellant has stated that by putting much effort, the pre-deposit amount in question were arranged and deposited into the Government exchequer. 3. Heard both sides and perused the case....

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.... the fact that the appellants had belatedly complied with the stay orders and enjoyed the benefit of the amount supposed to be pre-deposited for a considerable period of time, we are of the firm view that ends of justice would be met for restoring the appeals, if the applicants deposit the entire adjudged demands confirmed in the original orders. 5. Accordingly, the applicants are directed t....