2001 (3) TMI 438

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.... Shri S.P. Rao, JDR, for the Respondent. [Order per : Justice K. Sreedharan, President]. - As per the order of Stay dated 1-2-2001, pre-deposit of Rs. 1.5 lakh should have been made within a period of four weeks from that date. The appellants have made the deposit, but beyond the period of four weeks. In this application, they prayed for acceptance of the pre-deposit and to condone the de....

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.... proceed to state that the "appeals will be liable to be dismissed under Section 35F of the Central Excise Act without further notice to them". This observation makes it clear that on the failure to make the deposit, the appeal will not stand automatically dismissed. Further, order dismissing the same was contemplated. No such order dismissing the appeal was passed in this case. Taking into consid....