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2017 (5) TMI 1077 - AT - Central ExciseRestoration of appeal - pre-deposit - Held that - If the appellant fails to comply with the interim order the Tribunal should have vacated the interim order and rejected the stay application but non compliance of interim order cannot be a ground to reject the appeal of appellant - appeal restored - decided in favor of applicant.
Issues: Appeal dismissal for non-compliance with pre-deposit order, restoration of appeal, modification of stay order.
Analysis: The judgment by the Appellate Tribunal CESTAT ALLAHABAD involved the consideration of Miscellaneous Applications filed for the restoration of appeal and modification of an earlier stay order. The appeal had been dismissed ex-parte due to the appellant's failure to comply with a pre-deposit order. The appellant cited financial difficulties as the reason for non-compliance, leading to the dismissal of the appeal. The appellant's counsel relied on a ruling by the Hon'ble Allahabad High Court and the Hon'ble Supreme Court, emphasizing that non-compliance with an interim order should not be a ground for appeal rejection. The High Court's decision highlighted that matters should be decided on merits, and the Supreme Court emphasized that appeals should not be dismissed for non-prosecution but should be decided on their merits. After considering the submissions and the relevant rulings, the Tribunal deemed it appropriate to restore the appeal to its original number. Additionally, the Tribunal addressed the modification application by directing the appellant to make a reduced deposit within a specified timeframe. The appellant was instructed to make a deposit of &8377; 5 lakhs within 08 weeks and report compliance by a specified date. Both the restoration of the appeal and the modification of the stay order were allowed based on the circumstances and difficulties expressed in the applications. The judgment highlighted the importance of deciding appeals on their merits and ensuring that procedural non-compliance does not lead to the dismissal of appeals.
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