9911796707
TMI Blog2015 (2) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that:- applicant complied with the stay order before the date of dismissal of appeals. The Tribunal by order dtd 24.3.2006 dismissed the appeals for non compliance of the stay order. In May 2005, the applicant filed the applications for restoration of appeal dismissed for non-compliance of stay order. It seen from the Notice dtd 21.7.2014 of the Registry of the Mumbai Bench of the Tribunal th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Das And H K Thakur,JJ. For the Appellant : Shri Nirav Shah, Adv. For the Respondent : Shri Alok Srivastava, AR ORDER Per: P K Das: The relevant facts of the case in brief, are that the applicant filed appeals alongwith stay petition in 2005 before the Mumbai Bench of the Tribunal. By stay order No. S/262-263/2006/C-II/DB dtd 27.2.2006, the Tribunal directed the applicant t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B /06/CI/DB dtd 26.5.2006, the Tribunal extended the period of stay order for a period of 6 months or till disposal of the appeal which is earlier. The applicant again filed application for extension of the stay order. By Miscellaneous order No 14396-14510/WZB/AHD/2013 dtd 25/9/2013 the Tribunal extended the stay for a further period of 6 months or till the disposal of the appeal, which is earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . They have also filed applications for condonation of delay of filing application for recalling of order dtd 24.3.2005 in order to avoid legal complicity and such other order or directions may be issued. 4. After hearing both sides and on perusal of records, we find that the applicant complied with the stay order before the date of dismissal of appeals. The Tribunal by order dtd 24.3.2006 dism ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur considered view, the order dtd 24.3.2006 should be recalled and the appeal should be restored in its original number in the interest of justice. 6. Accordingly, we recall the order dtd 24.3.2006, as the applicant complied with the stay order dtd 18.3.2006 and the appeals are restored in its original number. Applications for restoration of appeals are allowed. The other applications are also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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