Customs, Excise and Gold Tribunal - Mumbai
Dharam Exports And Suresh M. Jumani vs Commissioner Of Customs, Nhava Sheva on 23 July, 2001
ORDER
Gowri Shankar, Member (Technical)
1. The two appeals have been dismissed on the failure to show compliance with the stay order.
2. The application filed seeks restoration of the appeals on the ground that Dharam Impex Pvt. Ltd, one of its director Suresh Jumani, who is the proprietor of Dharam Exports, the applicant, has deposited Rs 12.45 lakhs in the Customs (for some unspecified purpose) and there is no objection if the amount is taken as payment towards the dues of Dharam Exports.
3. Mr Lalit Jain, the counsel for the applicant agrees that no authority has been issued by the component person of Dharam Impex Pvt Ltd for adjustment of the amount. He blames the illness of Mr B.N. Rangwani, earlier representative of the applicant and his subsequent demise, for this.
4. The Tribunal's order disposing the appeal was passed in March 1999. The application for restoration of the appeals are filed two years and four months subsequent to that. If in the space of two years and four months this adjustment could not have been made, we do not think there is any serious efforts to do so now. Mr Rangwani's illness and subsequent death took place in the last three months or so. He has been regularly arguing matters before the Tribunal. There is no merit whatsoever in the application.
5. The application is therefore dismissed.