2007 (1) TMI 484

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the Appellant. Shri B.K. Meena, SDR, for the Respondent. [Order per : Justice R.K. Abichandani, President]. -  As per the interim stay order dated 10-10-2006, the appellant was required to deposit 50% of the amount payable under the impugned order within eight weeks from that date failing which the appeal was to stand dismissed. Accordingly, since the amount was not deposited, the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....order was made in the present appeal on 12-10-2006, requiring pre-deposit of 50% of the amount payable under the impugned order within eight weeks, another Bench by order dated 23-11-2006, referred the appeals raising identical issue to a Larger Bench finding itself unable to agree with the ratio of the decision in Favourite Food Products v. CCE, Rajkot, reported in 2001 (127) E.L.T. 131 (Mum. Tri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....laration initially made. 5. Merely because a Division Bench has referred the other appeals which were listed for final hearing to a Larger Bench, it does not in any manner dilute the ratio of the decision in Favourite Food Products (supra) on the basis on which the interim order was made, while also resting the order on the fact that the applicant in its initial declaration had classified ....