HIGH COURT OF CHHATTISGARH AT BILASPUR M.C.C. fRestoration) No. 47 of 2010 Applicant (Petitioner) Commissioner, Central Excise and Customs, Central Excise Bhawan, Dhamtari Road, Tikrapara, Raipur, CG. -Versus- Non-ApDlicants 1. Customs Excise and Service Tax (Respondents) Appellate Tribunal, through Registrar. West Block No.2, RK Puram, New Delhi 110066 2. M/s Vandana Global Ltd. Siltara Industrial Growth Centre, Siltara, Raipur. CG. Sinale Bench : Hon'ble Shri Dhirendra Mishra. J. 16.2.2010: Shri Bhishma Kinger, counsel for the applicant. The applicant/petitioner has filed thjs application for restoration of WP(T) No. 5683/09. which was dismissed on 1.12.2009 as withdrawn. Shri Kinger, learned counsel for the applicant, submits that the aforesaid writ petition was dismissed on the submission of counsel for the petitioner and directions were jssued to the larger Bench of CESTAT to expedtte hearing of the appeal in the matters of respondent No.2, though there was no written instruction from the petjtioner to their counsel for permission to withdraw the said petition. However, the instant application for restoration has been filed as perwritten instructions dated 14th January, 2010. Heard. Perused the documents annexed with the application for restoration of the writ petition and also perused the order dated 1.12.2009 passed in WP (T) No.5683/09. The writ petition was dismissed as withdrawn after recording submission of {earned counsel for the petitioner in this regard and a specific direction was issued to the appellate authority, as prayed for. In view of the above fact, absence of written jnstructions by the appjicant/petitioner to their counsel or subsequent instructions received by the learned counsel. cannot be a ground for restoration ofwrit petition. The application for restoration js, accordingly, dismissed. __——' Dbiren.to.'Mistea Judge ^l