ORDER
Jyoti Balasundaram, Vice President
Page 0205
1. In this case, vide order No. S/323/WZB/2005/C-I dated 25.2.2005, pre-deposit of Rs. 50,00,000/- out of the total duty demand of approximately Rs. 1.60 lakhs, was directed and compliance was to be reported on 27.4.2005. The applicants sought modification of the above order and the miscellaneous application for modification was dismissed vide order No. M/6/WZB/2005/C-III/EB dated 2.8.2005 and time for pre-deposit of Rs. 50,00,000/- was extended upto 20.8.2005. The applicants filed a subsequent application for modification on 5.9.2005, but this application was not put up before the bench which dismissed the appeal for non-compliance vide its final order No. A-540/WZB/05/C-III/EB dated 6.9.2005.
2. We have heard both sides.
3. We find that the order dated 2.8.2005 was an ex parte order and that the application dated 5.9.2005 was not placed before the bench on the date when the appeal was listed for hearing and dismissed on the ground of non-compliance. The application dated 5.9.2005 requires to be considered by the bench and since no application can be considered after the disposal of an appeal, for this purpose we restore the appeal by allowing the application for restoration, and direct listing of the M.A. filed on 5.9.2005 for hearing on 25.1.2006.
(Pronounced in Court)