MAGADH ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed under Artice 227 of the Constitution of India by the appellant of Appeal bearing No. E/893/90-B which was dismissed by CEGAT on 23-7-99 by their final order bearing No. 753/99-B. By this petition, the petitioner challenges an order dated 17-10-2001 (Annexure P/1) passed by the CEGAT on an application made by the appellant refusing to restore the appeal which came to be dismissed in default on 23-7-99 by CEGAT.

(2.) BY means of this petition, the only grievance of the appellant i. e. petitioner herein is that their appeal ought not to have been dismissed in default on 23-7-99 and even if dismissed, the same ought to have been restored by allowing their application made by them for restoration of the appeal. It is this grievance which is reiterated by the petitioner in this writ petition which did not find favour to the CEGAT when the application for restoration of appeal was dismissed by impugned order dated 17-10-2001 (Annexure P/1 ).

(3.) IT is relevant to reproduce the order of the Tribunal dated 17-10-2001 (Annexure P/1) in extensio infra :