2012 (5) TMI 619

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....radwaj and K.K. Maiti, for the Respondent. ORDER The writ petition of the year 2004 has been unnecessarily delayed for several years though it does not involve any substantial question of law or other matter of earth-shattering consequence. 2. In course of an appeal, the petitioners applied for dispensation of the pre-deposit under Section 35F of the Central Excise Act, 1944. The pet....

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....unt for a loss-making unit and such opinion of the Tribunal is pending consideration before the Supreme Court. What the petitioners suggest is that the petitioners' appeal is meritorious and a prima facie assessment of the legal issue involved in the appeal would have resulted in either the entire quantum of pre-deposit being dispensed with or further lenience being shown to the petitioners. Impli....

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....ng application but the matters referred to in such application were not taken into account by the Tribunal. 5. Ordinarily, and even if a Court or a Tribunal may have reason to disbelieve a medical certificate or suspect that the grounds mentioned for the absence of representation on behalf of a party may not be bona fide, a lenient view is taken in such matters when an order has been made ....