2011 (7) TMI 1107

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....ioned appeals challenging the orders in original. CESTAT by way of condition of pre-deposit required the petitioners to pay sum of ₹ 2.5 crores within eight weeks from receipt of such order. On condition of such deposit, remaining amount of duty and penalty was to be stayed pending appeals. Since the petitioners did not pay the amounts, by an order dated 19-4-2007, such appeals were dismissed for non-compliance. The petitioners thereupon approached this Court by filing Special Civil Application No. 12307/2007. This petition was dismissed on 8-5-2007. In the said order while dismissing the petition High Court permitted extension of time for making entire pre-deposit of ₹ 2.5 crores. Against this order, petitioner went before the ....

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....onscious that previously the petitioners were given opportunity to deposit a sum of ₹ 2.50 crores by way of pre-deposit to entertain the appeals and enjoy stay. It is equally true that previously the petitioners did not avail such opportunity. Resultantly, their appeals were dismissed. However, we must be conscious of the fact that petitioners have now offered to deposit entire amount within short time. This is in addition to immovable properties of the petitioners within attachment of the department and further the petitioners agree that department may proceed to sale the properties, subject to their rights. It is thus clear that the deposit of ₹ 2.5 crores is being offered only by way of pre-deposit for entertaining the appeal....