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16 Appeal dismissed for default restored as
there was no lapse on part of the applicant.
The appeal notice to the respondent was returned unserved and
thereafter no steps for effecting service was taken. The Bombay High Court
restored the appeal by observing that the lapse in effecting proper service was
on part of the counsel or his staff and for which the applicant should not
suffer.
[ Commissioner of Central Ex. & Customs v. Suyash
Engineering Works, (2008) 225 ELT 22 (Bom.)]
