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2012 (12) TMI 535 - AT - Central ExciseRestoration of stay petition - waiver of dues dismissed for non-prosecution - Held that - Appellant produced a copy of the letter dated 4.08.2012, which was sent through Speed Post and as per receipt of the Speed Post, that letter was submitted to the Postal Department on 4.08.2012 at 2.28 p.m. - notice for hearing was issued on 18.06.2012 fixing the application for waiver of dues on 06.08.2012 - The applicant receive the notice, however, the request for adjournment was only made through letter dated 04.08.2012 - applicants are interested only in delay the proceedings - matters listed before the Bench are also put up on the Website of the CESTAT. As the applicant was interested in undue delay in disposing of the application for waiver of dues, the Restoration application of Stay petition is allowed subject to deposit of cost of Rs.20,000/- to be deposited with the jurisdictional Commissioner within a period of two weeks. The Stay application is adjourned to 4.12.2012.
Issues:
1. Restoration of stay petition and waiver of dues application due to non-prosecution. Analysis: The applicant filed an appeal along with an application for waiver of dues, but failed to appear on the scheduled dates for the application. Consequently, the application for waiver of dues was dismissed for non-prosecution. The applicant contended that they had sent a letter through Speed Post seeking an adjournment, which was not considered during the hearing. The Tribunal noted that the applicant's letter, dated 4.08.2012, was indeed sent through Speed Post on the same day as per the receipt. However, the notice for hearing was issued on 18.06.2012, fixing the application for waiver of dues on 06.08.2012. The delay in requesting an adjournment indicated an intention to prolong the proceedings. Additionally, the Tribunal highlighted that the matters listed before the Bench were also available on the CESTAT website. Considering the applicant's apparent interest in delaying the process, the Restoration application of the Stay petition was allowed upon payment of a cost of Rs.20,000. The applicant was directed to deposit the cost with the jurisdictional Commissioner within two weeks, and the Stay application was adjourned to 4.12.2012.
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