2010 (3) TMI 968

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....t. CDR, for the Respondent. ORDER Both sides agree that the clearance by Committee on disputes has been produced. 2. This is an Appeal along with Stay Petition filed by the party against the order dated 27-3-2009 on Miscellaneous Application filed by the Appellants before the Commissioner (Appeals) against the Stay Order No. 07/STAY/SH/08 dated 23-12-2008, passed by him. 3. Learned Jt.....

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....iced that the Appellant filed an Appeal before Commissioner (Appeals) against the order of the original authority dated 10-1-2008 demanding interest of Rs. 73,15,99,057/- (Rupees Seventy Three Crore Fifteen Lakh Ninety Nine Thousand and Fifty Seven only) under Section 11AB(1) of Central Excise Act, 1944. The Stay Petition has been disposed of by the Commissioner (Appeals) vide order dated 23-12-20....

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....er disposing of the Miscellaneous Application it has been mentioned that "if the Appellant does not comply with the pre-deposit as ordered vide Stay Order No. 07/STAY/SH/08 dated 23-12-2008 the Appeal will stand dismissed on March 31, 2009". Undisputedly the matter was not taken up by the Commissioner (Appeals) on 31st March, 2009 or thereafter and no further order has been passed formally dismiss....