Appellate Tribunal grants 2-month compliance period for Section 35F - Stay order modification ruling clarified

The Appellate Tribunal CEGAT, Mumbai granted the appellants a two-month period to adhere to Section 35F of the Act before potential restoration of their appeal. The appellants' offer to deposit Rs. 50,000 was not accepted at this stage, and the Tribunal can only reconsider its order upon Section 35F compliance. The Gujarat High Court's stay order modification ruling is applicable solely when the appeal is pending before the Tribunal. The appellants' ROA application will be reviewed post-Section 35F compliance, with the next hearing set for 14-7-2003.

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The Appellate Tribunal CEGAT, Mumbai allowed the appellants two months to comply with Section 35F of the Act before considering restoration of their appeal, as per the order dated 24th May, 2002. The appellants offered to make a deposit of Rs. 50,000, but it cannot be accepted at this stage. The Tribunal can recall its order only upon compliance with Section 35F. The Gujarat High Court's ruling on modifying stay orders applies only when the appeal is pending before the Tribunal. The appellants' ROA application will be considered after compliance with Section 35F. Next hearing scheduled for 14-7-2003.

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