2013 (10) TMI 176

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.... the Petitioner : Mr. S. Ganesh,Sr.Adv. Mr. Pawanshree Agrawal,Adv. For the Respondent : Mr. S. Luthra, ASG Ms. Meenakshi Grover, Adv. Mr. T.A. Khan,Adv. ORDER 1. Delay condoned. 2. Leave granted in each petition. 3. Being aggrieved by the Order dated 28th March, 2007 passed by the Commissioner of Central Excise, Customs and Service Tax, Vadodara-I, the appellants had preferred appe....

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....y the order dated 6th May, 2008. 5. Being aggrieved by the order dated 6th May, 2008 passed by the CESTAT, the appellants had filed Special Civil Application No.8549 of 2008 in the High Court of Gujarat which had been rejected on 10th July, 2008. 6. Being aggrieved by the order dated 10th July, 2008, the appellants had filed a special leave petition before this Court which had also been reje....

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....At the time when the appeals had been notified for hearing for the first time, the learned senior counsel appearing for the appellants had given details about the financial difficulties faced by the appellants. He had however added that the appellants were in a position to deposit some amount as they had made some arrangements and had collected some amount so that some amount could be paid. So as ....

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....venue had submitted that the delay in depositing lesser amount should not be condoned and the appeals should be dismissed. 12. Looking at the facts of the case and specially in view of the fact that a sum of Rs. one crore has already been deposited by the appellants, in the interest of justice, we quash and set aside the order dated 28th July, 2008, whereby the appeals of the appellants had bee....