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June 2013

Appeal – Dismissal for non prosecution – Counsel was busy in another court – Explanation found acceptable. Appeal restored.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
Reading Time 1 mins
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The appeal was dismissed by the Appellate Tribunal (CESTAT) for non prosecution. In the Restoration Application, the ld. Counsel explained that he was arguing on his legs in another Court, when the matter was called and dismissed. Accepting the above explanation, the Tribunal recalled the order of dismissal and restored the appeal.

S.D.O. Coil Fabrication vs. C CE 2013 (290) ELT 431 (Tri. Del)

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