9911796707
TMI Blog2005 (6) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner and learned counsel for the Respondent. Rule. Rule made returnable forthwith. Learned counsel for the Respondent waives service. By consent taken up for hearing. 2. In the above petition the Petitioners had cleared certain goods from the Customs authorities. While clearing the said goods the Petitioners have paid redemption fine of ₹ 1.25 crores. At that time the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order itself mentions in the title appellant unrepresented . In the body of the said order it is stated that one lady advocate had appeared but however, she had no instructions. The order also indicates that CESTAT directed her to argue the matter. However, she declined to argue as she had no instructions. 3. It is the case of the Petitioners that the Petitioners had not engaged th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tember 2004 they filed an application before the CESTAT seeking restoration of the above appeal. The Tribunal by its order dated 11.3.2005 had declined to restore the above appeal mainly on the ground that the Petitioners were represented by an advocate on the earlier occasion and also that the earlier advocate must have informed the Petitioners about the order dated 5.8.2002. The order dated 10th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the Petitioners and that the lady advocate present had declined to argue for want of proper instructions from the client. 6. As far as the delay is concerned we do not find any reason why the Petitioners would have wilfully delayed in filing restoration application. In fact the order of CESTAT proceeds on a presumption that the earlier advocate must have informed the Petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d set aside the order dated 11th March 2005 whereby the Tribunal had declined to entertain the Miscellaneous Application for restoration of the aforesaid appeal. We do hereby restore all the above four appeals viz. C 330 /97. Bom C/ 9, 10, 11/98 Bom., subject to the precondition that the Petitioners shall deposit ₹ 10,000/as costs, condition precedent with the Respondents within a period o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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