2012 (5) TMI 452

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar, JJ. Present Shri Kamal Jeet Singh, Advocate for the appellants.   Present Shri Nagesh Pathak, DR for the respondent.   Per Justice Ajit Bharihoke: (Oral)   This is an application of M/s Moongipa Roadways Pvt. Ltd. for restoration of appeal dismissed on account of non compliance of Section 35F of the Central Excise Act, 1944.   2. Shri Kamal Jeet Singh, learne....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....directed M/s Sunrise Food Products to deposit Rs.15 crores within twelve weeks from the date of the order. The Tribunal also directed that in the event of deposit of Rs.15 crores, pre-deposit of the penalties imposed on other appellants shall stand waived.   3. Main appellant filed a writ petition along with the stay applications challenging the aforesaid order. Hon ble High Court of Delhi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sed for restoration of his appeal as well as stay application.   6. Sh. Nagesh Pathak, ld. AR has opposed the application. He submits that the stay application of the appellant was disposed of along with applications of the main appellant vide common order dated 13.9.2011 directing the main appellant to deposit Rs.15 croers within twelve weeks. It was further directed that in the event of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....order and report compliance by 25.1.2012.   20. Subject to deposit as above, the amounts due from other Appellants arising from the same impugned order shall be waived for admission of the Appeals and there shall be stay on collection of such amounts. If the said amount is not deposited within the time as specified above, the Appeals are liable to be rejected without further notice to the ....