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1997 (4) TMI 144

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....aj, SDR, for the Respondent. [Order per : V.P. Gulati, Vice President]. - The matter was posted to-day for furnishing information regarding guarantee to be executed by the appellants in terms of the order of the Hon'ble High Court of Karnataka in W.P. No. 3875/95. The appellants had filed the Writ Petition and had impugned the order of the Tribunal under which they were directed to pre-depos....

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....he High Court order was brought to the notice of the Tribunal when the matter came up for hearing on 21-2-1997, we had adjourned the matter at the request of the learned Advocate to enable him to get instructions as to the nature of the guarantee that would be furnished by the appellants in terms of the orders of the Hon'ble High Court. On 17-3-1997 when the matter again came up, the learned Advoc....

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....ated that the company was under severe financial problems and the activities of the company had been suspended and it has been stated that the appellants will not have access to the records. 3. We observe the company as such is not dissolved and it is not the case that the management of the company has been suspended and that there is nobody looking after the affairs of the company. When a....

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....as also by the Tribunal. The appellants have been given enough latitude and no further indulgence in this regard can be shown. In as much as the appellants have not complied with the directions given by the Hon'ble High Court in compliance with the requirements of Section 35F of the Central Excise Act, the appeal, therefore cannot be entertained and the same is, therefore, dismissed. In the circum....