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2004 (3) TMI 643

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..... [Order per : M.P. Bohra, Member (J)]. This application for restoration of the appeal has been filed by the applicant against Final Order No. E/899/98/B, dated 11-6-1998 by which the applicant s appeal was dismissed. Brief facts of the case are that the applicants filed an appeal against Order No. 17/90 dated 13-7-1990 passed by the Collector of Central Excise, Bombay holding that in the stay .....

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..... el for the applicant has submitted that compliance of the Hon ble Tribunal s Interim order dated 29-11-1990 was made by him and a sum of Rs. 2 lakhs in cash under TR-6 challan on 22-2-1991 was deposited. A copy of the challan for Rs. 2 lakhs was given to the Superintendent of Central Excise, Range-IV Division, K-I, under the cover of the applicant s letter dated 22-2-1991. A bank guarantee for Rs. .....

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..... eserves no sympathy. He submits that the application may be dismissed. 4. In the present case Interim order was passed on 29-11-1990, the notice of appeal was sent to the applicant by registered post and was directed to appear before Tribunal on 11-6-1998. On 11-06-1998 neither the compliance was reported nor any counsel or representative was present before the Tribunal, hence the appeal was di .....

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