Matters listed before the CESTAT are put up on website - applicants imposed costs for restoration of Stay application
THE application for waiver of pre-deposit was fixed on 18.06.2012, however, since none appeared, the same was adjourned to 06.08.2012 and notice was issued to the applicant in this regard. But, on 06.08.2012 also none appeared on behalf of the applicant nor any request for adjournment was made. Resultantly, the application for waiver of dues was dismissed for non-prosecution.
Now, the applicant is before the CESTAT with an application for restoration of their Stay petition and submits that on 04.08.2012 at 2.28 p.m they had sent a letter through Speed Post seeking adjournment and probably the same was not placed before the Bench at the time of hearing held on 6th August.
The Bench observed that the applicant had been issued the notice of hearing on 18.06.2012, however, the request for adjournment was made only on 04.08.2012; that the applicants are interested only in delaying the proceedings; that the matters listed before the Bench are put up on the website of the CESTAT.
Holding that the applicant was interested in undue delay in disposing of the application for waiver of dues, the Restoration application was allowed subject to the applicant depositing a cost of Rs.20,000/- with the jurisdictional Commissioner within a period of two weeks.
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