TMI Blog2007 (11) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... hri N.C. Chowdhury, JDR, for the Respondent. [Order]. - Although several opportunities were given to the Appellant as early as 24-7-2006 for making deposit of 50% of the penalty demanded, the Appellant failed to comply with the Stay Order passed on 9-6-2006. As a measure of following of natural justice, on 8-12-2006 again the Appellant was given another chance to comply with the Stay Order pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Bill of Entry for its defence adducing proper evidence. When the Department could detect breach of law in respect of the above import, both the CHA and the importer tried to plead their ignorance but without clean hands and evidence led. The ld. Commissioner by a speaking and reasoned order, found that Shri Mustafa Seikh an employee of the CHA Appellant by his statement dated 19-8-2003 categoric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present appeal was filed to abuse the process of law. With no vigilant attitude of the litigant or consciousness to pursue remedy, the appeal should not remain pending in the folder of the Tribunal except calling for dismissal with the aforesaid observations and finding.
4. In the result, appeal is dismissed on merit.
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