1999 (2) TMI 194

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....er : Archana Wadhwa, Member (J)]. - Vide the present Miscellaneous Application, the applicants have prayed for modification of the Stay Order No. S-208/Cal/98, dated 21-4-1998 vide which they are directed to deposit sum of Rs. 10 lakhs towards duty and a sum of Rs. 5 lakhs towards penalty imposed within a period of 12 weeks from the receipt of that order. 2. When the matter was called, ....

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....he pre-deposit of penalty and duty being waived un-conditionally or the orders reducing the amount of deposit may be passed and in the alternative prayer to grant them 8 weeks to enable them to secure the money be granted. 4. Shri S.N. Ghosh, ld. JDR has vehemently opposed the application for modification of the earlier stay order and in fact has prayed for dismissal of the appeal itself o....

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....l position take place subsequent to the passing of the order. 5. We have considered the submissions made from both the sides. We agree with the submissions of the ld. JDR, Shri S.N. Ghosh. The applicants' financial position as also the merits of the case, were considered at the time of passing of the stay order dated 21-4-1998. No new grounds have been argued before us vide the present Mis....