1994 (7) TMI 184

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....gh, SDR, for the Respondent. [Order per : Harish Chander, President]. -  M/s. Modi Champion Ltd., Matsya Industrial Area, Delhi Road, Alwar (Rajasthan) has filed an appeal being aggrieved from the order passed by the Collector of Customs (Appeals), Bombay. The said appeal was presented in the Registry on 4th July, 1994. A stay application duly supported with an affidavit was also presen....

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....der passed by the Honourable Bombay High Court, Shri Lakshmikumaran pleaded that since the major portion of the amount to the tune of Rs. 36,22,695/- has already been paid and as such the balance duty may be dispensed with. 2. Shri B.K. Singh, learned Senior Departmental Representative who is present on behalf of the respondent pleaded that there are no findings on merits of the order pass....

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....as already been encashed by the department. The Honourable Bombay High Court order dated 19th July, 1993 in Writ Petition No. 1366 of 1993 is reproduced below : "The petitioner to file an appeal against the impugned order dated 28-6-1993 to Collector of Customs (Appeals), Bombay within 4 weeks. In the meantime, the Respondents to permit the petitioners to clear consignment covered by Bill of En....

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....enue authorities much before the expiry of the six weeks. Keeping in view the totality of the facts and circumstances of the case, we are of the view that if the appellants are desired to further deposit the remaining amount of Rs. 6,39,480/- it will amount to undue hardship. Accordingly, we dispense with the pre-deposit of the same. We further direct that during the pendency of the appeal, the Re....