2018 (9) TMI 1205 – CESTAT CHENNAI – TMI – Restoration of appeal – appeal was dismissed for non-compliance with pre-deposit – Held that:- There are no grounds to restore the appeal which has been dismissed for non-compliance of pre-deposit – Althrough, the appellant was represented by his counsel and therefore cannot contend that he was not aware of dismissal of appeal for non-compliance – appeal cannot be restored – restoration of appeal application dismissed. – ST/ROA/40305/2018 and ST/Misc./30306/2018 in ST/538/2010 – Misc. Order No.40572-40573/2018 – Dated:- 16-7-2018 – Ms. Sulekha Beevi C.S., Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) Shri J. Shankar Raman, Advocate for the Appellant Shri A. Cletus, Addl. Comm
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he appeal was dismissed for non-compliance on 7.6.2013. It is the case of the appellant that there was a change of counsel and that they were not aware of the dismissal of the appeal for non-deposit. Further, they have not received the order passed by the Tribunal with regard to dismissal of the appeal. The appellant had applied by RTI to ensure whether the final order was served upon them. Information was received that the final order was dispatched by the Tribunal and there is no proof that it was delivered to the appellant. Therefore, the ld. counsel prayed that the appeal may be restored to the file. The appellant has also filed another miscellaneous application seeking to modify the stay order passed by the Tribunal directing to predep
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pellant had deposited only ₹ 5 lakhs. Thereafter, they had filed an application seeking for extension of time in which the Tribunal had granted six weeks further time and also made it clear that it was the final opportunity for extension for making the predeposit. Though the predeposit was directed to be complied on or before 23.5.2013, the same was not complied and appeal dismissed on 7.6.2013. The appellant was represented by his counsel on the said day and it was reported that the compliance has not been made. Thereupon, the Tribunal dismissed the appeal for non-compliance. We find no grounds to restore the appeal which has been dismissed for non-compliance of predeposit. Althrough, the appellant was represented by his counsel and
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