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2013 (10) TMI 245 - AT - CustomsApplication for Restoration of Appeal Non Compliance of Direction of Pre-deposit Held that - The Applicant had complied with the Tribunal s Order dated 25.06.2007 and the direction of the Hon ble High Court dated 08.05.2013, we recall our Order dated 08.08.2007 and restore the Appeal to its original number - Miscellaneous Application was accordingly allowed.
Issues: Restoration of Appeal dismissed for non-compliance with predeposit order.
Analysis: The Appellate Tribunal CESTAT KOLKATA considered a Miscellaneous Application filed by the Applicant seeking restoration of their Appeal which was dismissed for non-compliance with the direction to make a predeposit of Rs.2.00 lakh, as per Order No.A-1542/KOL/07 dated 08.08.2007. The Applicant had been directed to make the predeposit within a specified time frame, failing which their Appeal was dismissed. The Applicant had approached the Hon'ble High Court of Calcutta against this dismissal. The High Court disposed of the appeal on 08.05.2013, dismissing it but extending the period for deposit till 28.06.2013. The Applicant then complied with this direction by depositing the required amount on 03.06.2013. The Consultant for the Applicant argued that they had complied with the Tribunal's order and the High Court's direction by making the deposit within the extended time frame. On the other hand, the Revenue's Assistant Commissioner confirmed the deposit of Rs.2.00 lakh by the Applicant, which was realized by the Department on 17.06.2013. Considering these submissions and the fact that the Applicant had ultimately fulfilled the Tribunal's order and the High Court's direction, the Tribunal decided to recall its earlier order dated 08.08.2007 and restored the Appeal to its original number. The Miscellaneous Application filed by the Applicant seeking restoration was allowed in light of the compliance with the deposit requirement and the High Court's extension of the deadline. This judgment highlights the importance of compliance with tribunal orders and court directions, as well as the process of seeking restoration of an Appeal following non-compliance with predeposit requirements. It underscores the significance of timely actions and adherence to legal directives in such matters to ensure the proper handling of appeals and legal proceedings.
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