Customs, Excise and Gold Tribunal - Delhi
M/S. Himachal Oxygen P. Ltd. vs Cce, Chandigarh on 17 January, 2001
ORDER Mr. K. Sreedharan, J.
1. Appeal No.E/2827/93-C was dismissed way back on 1.12.1995. The said order stated that the dismissal would be subject to the order of the High Court, if any. No order of the Hight Court has been produced in this case, interfering with the dismissal of the appeal.
2. Appeal happened to be dismissed on account of the non-compliance with the direction to make the pre-deposit. High Court extended the time till 30.6.97 for making the deposit. It is stated that by 30th June 97 the entire amount has not been deposited. For the rest of the amount a security bond was executed in terms of the order passed by the High Court on 26.9.98. Long before the last order of the High Court i.e. November 1996 appeal happened to be dismissed on 1.12.95. On 10.3.99; nearly two years after the date on which the security bond was executed, application has been filed before this Tribunal for restoring the appeal. That application was not signed by Shri K.K. Anand, Advocate. That unsigned application should not have been accepted by the Office of the Tribunal. It can not be treated as an application for restoration of the appeal. That so called application is not a proper one as per the Rules. Till today no proper application has been filed for Restoration of the Appeal which was dismissed on 1.12.1995.
3. Since the application now seen in the file is not a proper application, the same is struck off the file.
(Pronounced & dictated in the open Court).