2009 (3) TMI 832

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....e of pre-deposit on 9-6-2008. On that date a common order was passed directing Diwan Industries to deposit a sum of Rs 10 lacs within six weeks. It was clarified that on deposit of the said amount pre-deposit of balance amount of duties and penalties of all applicants would be waived till disposal of the appeal but failure to make the deposit would result in the dismissal of the appeals. It appear....

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....irm. It is seen from the impugned order that Shri Prabhash Jain is the proprietor of Applicant No. 2 and partner of applicant No. 1. It is noted that proprietor of Applicant No. 2 is also brother of Shri Ashok Jain, the main partner of applicant No. 1. It is revealed from the statement of Shri Ashok Jain main partner of applicant No. 1 admitted that kachha slips belong to him and some of the slips....

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....ion. However, a reading of the order dated 4-11-2008 does not disclose that any objection was taken pertaining to the non-receipt of a copy of the order dated 5-9-2008 on 4-11-2008 when the impugned order was passed. It is, therefore, our view that the challenge to the order dated 5-9-2008 now brought before us is an afterthought. 4. On 4-11-2008 all three appeals were listed. In order to ....