2009 (5) TMI 86

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppeal by setting aside the order dated 5-11-2007 dismissing appeal E/1192/2004. The case of the applicant is that on account of financial difficulties, the applicant could not comply with the order passed on 28-8-2007 and, therefore, could not deposit the amount within the extended period. It is their further case that they have already deposited the balance amount of Rs. 3.00 lakhs, which is in addition to the original deposit of Rs. 6.00 lakhs and that, therefore, the order under Section 35F of the Central Excise Act, 1944 stands complied with and hence the appeal should be restored and should be heard on merits. 3. The learned Advocate for the applicant submitted that since the appellant has already deposited the total amount of Rs. 9....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....007 the matter was carried to be reposted on 5-11-2007. When the matter came up for hearing on  5-11-2007, none appeared for the appellant and since there was no compliance of the pre-deposit of the balance amount of Rs. 3.00 lakhs, the appeal was dismissed for non compliance of the requirement of pre-deposit under order dated  5-11-2007. The appellant thereafter filed an application for restoration of the appeal, being application No. E/ROA/968/08, which came up for hearing on 25-6-2008. However, as none appeared for the appellant and as no material was placed on record to justify the restoration of the appeal, as also for failure to comply with the order of pre-deposit, the said application was dismissed on 25-6-2008. It was the....