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2008 (9) TMI 678

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..... . [Order per : P.G. Chacko, Member (J)]. The present application is for restoration of the appeal which was dismissed for non-compliance with Section 129E of the Customs Act vide Order No. 376/96 dated 19-3-1996. The appellant was directed to predeposit the penalty amount of Rs. 5 lakhs vide Stay Order No. 40/95, which was not deposited and consequently the appeal came to be dismissed as .....

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..... ecords, but the counsel is not. 2. In the aforesaid facts and circumstances, we are of the view that the captioned appeal requires to be restored and disposed of on merits for the ends of justice. Accordingly, the present application is allowed and the appeal is restored to its original number. Its records shall be reconstructed by the Registry as well as the appellant from the records maintaine .....

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