2013 (10) TMI 176

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..... submitted that the delay caused in depositing the notified amount be condoned in the interest of justice and the appellants be not asked to deposit any further amount as it was not possible for the appellants to deposit any further amount but in the interest of justice, the appeals filed by the appellants before the CESTAT be kindly restored - in the interest of justice, the order was quash and s .....

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..... e weeks by an order dated 17th December, 2007. The appellants could not deposit the said amount and therefore, had made applications to the CESTAT, Ahmedabad for extension of time, which had been granted on 4th April, 2008, whereby the appellants were granted further time of four weeks to deposit the said amount. 4. The appellants could not deposit the said amount of Rs. two crores within the pe .....

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..... weeks. 7. During the above-referred period, on 28th July, 2008, the appeals filed by the appellants were notified for hearing before the CESTAT but as the appellants had not deposited the amount of pre-deposit, the appeals had been dismissed without going into the merits of the case on 28th July, 2008. 8. Thereafter, the appellants had filed restoration applications before the CESTAT for resto .....

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..... id amount has been deposited by the appellants within the time prescribed by this Court. Thus, a sum of Rs. one crore has already been deposited by the appellants with the Registry of this Court. The learned counsel for the appellants had submitted that the delay caused in depositing the notified amount be condoned in the interest of justice and the appellants be not asked to deposit any further a .....

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..... to Respondent No.1. As the impugned order dismissing the appeals has been quashed and set aside, the CESTAT shall restore the appeals to their original numbers and make an effort to decide the same preferably within six months from today as the appeals had already been notified for hearing but only on account of non-deposit of the amount of pre-deposit, the appeals had been dismissed for default. .....

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