T. Anjaneyulu, Member (J) - (1.)HEARD both sides.
(2.)THIS is an application for restoration of appeal filed by the applicant.
(3.)VIDE Order No. S/530/WZB/05/C -III/SMB dated 19.10.2005, the Tribunal directed to the applicant to make pre -deposit of Rs. 50,000/ -, out of Rs. 1,50,250/ - and report compliance by 17.11.2005. The amount was to be deposited by 15.11.2005. The applicant had deposited the amount of Rs. 50,000/ - on 12.11.2005 as could be seen from the copy of challan, but somehow this could not be reported before the Tribunal by due date. Consequently, the appeal was dismissed by the Tribunal vide order dated 17.11.2005. Hence this application.
As there is a compliance of pre -deposit within the scheduled period as fixed by the Tribunal and as sufficient cause shown for absence of the applicant on due date of hearing. It is felt expedient to restore the appeal in order to provide an opportunity for disposal of the same on merits. Accordingly appeal is restored. Application is allowed. List the appeal in its turn.