2015 (11) TMI 957 - AT - Central Excise

Restoration of appeal - Appeal dismissed for non compliance of pre deposit - Held that - It is seen that the appeal was dismissed for non-compliance on 12.09.2014 and an application for restoration of appeal was filed on 13.11.2014. This application was listed for disposal on 19.12.2014, 30.01.2015 and 27.02.2015 and all these days same request was made by the applicant for adjourning the matter. This Bench accommodated the request made by the applicant. Since this application is filed in November 2014 and the applicant is seeking adjournments on some pretext or other, I find that the applicant is not serious in prosecuting the ROA application. - Restoration denied.

Summary

The appeal for restoration was dismissed due to repeated adjournment requests by the applicant, showing lack of seriousness in prosecuting the application. The application for Restoration of Appeal was dismissed by the Appellate Tribunal CESTAT Mumbai.