CHONAKADAVATH MOHAMMED Vs. ADDL. COMMR. OF CUS.

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the materials available on record. The writ petitioner, who is the appellant in the Appeal No. 567/1985 on the file of the Customs, Excise and Gold (Control), Appellate Tribunal (West Zonal Bench), Mumbai, has filed this writ petition with the following prayers:

(2.) IT appears that Appeal No. 567/1985 was dismissed on 10 -7 -1989 due to non -remittance of pre -deposit which is mandatory for maintaining appeal. Moreover, the Tribunal retains the records only for five years after the disposal of a case. Therefore, the records relating to this case has been destroyed after expiry of five years.

(3.) SRI . Tojan. J. Vathikulam, learned Standing Counsel appearing for C.B.E. & C. submits that the appeal was dismissed in 1989 and the same cannot be ordered to be reconstituted to this distance of time. Annexure R1(b) order is an appealable order. Therefore, the writ petition is not maintainable.