2000 (6) TMI 359

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.... Shri H.K. Jain, SDR, for the Respondent. [Order per : Justice K. Sreedharan, President]. - Today, petition filed by the appellant praying for dispensing with pre-deposit came up for orders. On the facts and circumstances of the case, we feel that the appeal itself can be disposed of. Accordingly, we heard learned Counsel appearing on behalf of the appellant and the learned Departmental R....

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....posit under section 35F of the Act on the ground of financial difficulty as well. Appellate Commissioner rejected this petition and directed the appellant to deposit the entire amount within three weeks from the date of passing of that order, namely, 9-12-99. As the appellant did not/could not comply with the direction, he dismissed the appeal by Order- in-Appeal No. 103(KDT)CE/JPR-II/2000 dated 1....

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.... getting the condition of pre-deposit waived. That aspect of the matter had not been considered by the appellate authority while passing the order of stay. The entire duty demanded and the penalty imposed as per order of adjudication was directed to be deposited within three weeks from the date of the order. That having not been complied with the appeal was also rejected. Appellate authority did n....