2016 (6) TMI 710

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..... at its threshold stage, this appellant maybe aggrieved and becomes a fate accompli for the principal case to prevent such miscarriage of justice, it would be at the interest of justice that this present appeal should also be heard along with principal appeal. In view of aforesaid difficulties and to do justice to both sides, the present application to restore the restoration application is all .....

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..... is that he was abettor in the commitment of the offence involved in appeal No.C/308/2010 and penalty of ₹ 10 lakhs has been imposed. 3. Ld. counsel further explains that in the previous occasion on 9.5.2013 for absence of the appellant and also in absence of any adjournment application, its application for COD was dismissed and consequently, appeal with stay application were dismissed. .....

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..... is on the records of the Tribunal. It appears that appeal is alive. If the appellant is not given opportunity, throwing the appeal at its threshold stage, this appellant maybe aggrieved and becomes a fate accompli for the principal case to prevent such miscarriage of justice, it would be at the interest of justice that this present appeal should also be heard along with principal appeal. 9. .....

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