2015 (9) TMI 398

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..... to be dismissed – Tribunal, therefore, could not be asked to recall its order on application for restoration preferred as late as in 2013 –In said circumstances, Tribunal rightly refused to restore appeals and that too on ground that original conditions imposed be waived – Failure to comply with condition would result in automatic dismissal of appeals, and thereafter, no restoration application f .....

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..... eir assistance, we have perused the impugned order passed by the Tribunal. We find no fault with the approach of the Tribunal inasmuch as the pre-deposit order was made in the year 2007 and to be precise on 3rd January, 2007 [2007 (210) E.L.T. 452 (Tri.-Mum.)]. That was not complied with, therefore, the appeals came to be dismissed on 10th May, 2007. The Tribunal, therefore, could not have been as .....

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..... gs very lightly, and we see merits in this argument of Shri Mishra as well. However, purely on facts of this case and without creating any precedent for any future case, in the event the appellants comply with the order passed on 3rd January, 2007 within six weeks as stated and pay costs quantified at ₹ 50,000/- (Rs. fifty thousand only) to the Commissioner of Customs (Export), the appeals s .....

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