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TMI Blog2018 (10) TMI 1808X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate, for the Appellant. Shri Sunil Kumar, DR, for the Respondent. ORDER The present miscellaneous application stands filed for withdrawal of Final Order No. 55777/2016, dated 8-12-2016 vide which the appeal was dismissed as withdrawn at the request of the Ld. Advocate himself. 2. However, Ld. Advocate submits that he did not realize the consequences of withdrawing the appeal and clarif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Central Excise, Coimbatore - 2008 (227) E.L.T. 441 (Tri.-Chennai) & R.G. Gupta & Company v. Commissioner of Customs, Ludhiana - 2017 (358) E.L.T. 641 (Tri.-Chan.). 3. Reliance also stands placed upon the Hon'ble Mumbai High Court decision in the case of Commissioner of Customs & Central Excise, Goa v. Pankaj Jaju - 2014 (313) E.L.T. 5 (Bom.) and also of Gujarat High Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rises is as to whether the appellant can now move an application seeking restoration of the appeal and recalling of the earlier order. We have seen this Tribunal decision referred (supra), wherein it stands held that Tribunal has the powers, on sufficient grounds to allow the application for recalling of the order of dismissal. The issue, also, stands decided by the Hon'ble Delhi High Court in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case after withdrawing the writ petition, the petitioner filed a fresh writ petition on the same set of facts and circumstances, in which circumstance the Hon'ble High Court observed that the same is not permissible. 7. In view of above we recall the Final Order No. 55777/2016, dated 8-12-2016 and restore the appeal to its original number. 8. List the appeal for final hearing on 15th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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