1997 (1) TMI 157

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hul Ray, Advocate, for the Appellant. Shri T.R. Malik, SDR, for the Respondents. [Order per : Justice U.L. Bhat, President]. -  This is an application seeking restoration of appeals E/812, 813 and 814/95-A dismissed on 16-12-1996 for non-compliance with provisions of Section 35F of the Central Excises Act, 1944 and direction to the Assistant Commissioner to lift the detention order d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ill 9-5-1996. On 1-5-1996 appellants made an application for permission to deposit Rs. 5 crores in instalments of Rs. 50 lakhs per month. By miscellaneous Order No. 70/96-A, dated 13-5-1996 time for furnishing bank guarantee was extended till 31-5-1996 and appellants were allowed to deposit Rs. 5 crores in two instalments on 31-5-1996 and 30-6-1996 respectively. It appears the appellants have furn....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r directed that failure to deposit any of the instalments shall be treated as failure to make the pre-deposit as required under law and the case was adjourned to 16-12-1996. On that day, it was found that deposit of Rs. 75 lakhs had not been made on 1-12-1996. Appellants requested for more time to deposit. They also submitted that they would be in a position to deposit the amounts due in December ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s. 75 lakhs required to be made on 1-12-1996 appellants deposited Rs. 25 lakhs on 17-12-1996 and Rs. 50 lakhs on 31-12-1996. Acceptance of this prayer would involve unconditional restoration of the appeals and order for unconditional stay in the stay application. We do not think such a course can be resorted to. We asked the learned Counsel by way of testing bonafides of the appellants whether the....