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TMI Blog2017 (12) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... ST/ROA/41059/2016 in ST/40121/2013 - MISC ORDER No. 40488/2017 - Dated:- 19-9-2017 - Smt. Sulekha Beevi C.S., Member (Judicial) and Shri Madhu Mohan Damodhar, Member (Technical) Shri R. Balagopal, Consultant, For the appellant Shri K.P. Muralidharan, AC (AR) For the respondent ORDER The above application is filed by the appellant for restoration of appeal which was dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st to the tune of ₹ 34,19,604/-. He submitted that the following payments have been made which is as under:- S.No Date of payment Amount paid in Rs. 1 08.10.2013 4,19,604 2 23.05.2016 5,00,000 3 04.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a good case on merit and therefore in the interest of justice the appellant should be given a chance to contest the case on merits. 4. The Ld. AR, Shri K.P. Muralidharan, AC, opposed the application. He submitted that the Tribunal had granted extension of time to make the pre-deposit. The appellant was given sufficient time to comply with the pre-deposit order but they deposited an am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit of ₹ 16,19,604/-. The appellant has paid the balance amount only after three years in 2016 when recovery proceedings were initiated against them. The application for restoration of appeal was also filed after a period of almost three years. The Ld. AR has pointed out that the Tribunal becomes functus officio when the appeal is dismissed for non-compliance of pre-deposit since the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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