2006 (1) TMI 623

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....Respondent. ORDER Issue rule. Mr. Sidharth Mridul accepts notice on behalf of respondent and agrees to disposal of the writ petition at this stage itself. Heard. The petition calls correctness of an order dated 28th June, 2005 whereby the petitioner has been directed to pay further sum of ₹ 4 lacs as pre-deposit in terms of Section 35F of the Central Excise Act. It is not in dispute that t....

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....placed by the petitioner upon a decision of Division Bench of this Court in Super Tyres Pvt. Ltd. v. Union of India, 2005 (186) E.L.T. 49 (Del.). It is argued that on the authority of the said decision that once a pre-deposit is made before the Tribunal who finally remands the matter back to the Commissioner for a fresh hearing, any appeal preferred against any such fresh order passed by the Commi....