TMI Blog1998 (4) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... Jyoti Balasundaram, Member (J)]. On 3-10-1997 the above appeal was dismissed by the Final Order No. 548/97-C, both for non-compliance of the provisions of Section 35F of the Central Excise Act, 1944 and for default in appearance under Rule 20 of CEGAT (Procedure) Rules, 1982. The appellants submitted that in regard to the Stay Order granted by the Western Regional Bench of the Tribunal, they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ismissed. In view of the submission made in the application for restoration, we are satisfied that non-appearance of the appellants on the date when the appeal was dismissed was not deliberate and we are also satisfied that the requirement of pre-deposit has been fulfilled by furnishing of the bank guarantee which is still in force. We, therefore, allow the application and restore the appeal and f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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