1984 (4) TMI 60

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....the proviso to Section 35 of the Central Excises and Salt Act (hereinafter referred to as the Act). The appellate Tribunal on order directing that instead of making cash deposit, the petitioner may deposit in cash 25% of the demand adjudged against it and furnish to the satisfaction of the concerned collector of Central Excise, bank guarantee for the balance amount within a period of two months. I....

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....to deposit any margin money. Finally on 30th January, 1984, the bank informed the petitioner that it was unable to issue a bank guarantee without the petitioner furnishing any security margin. Faced with that situation the petitioner made an application to the appellate Tribunal for the modification of its earlier order. This application was rejected by the appellate Tribunal by its order dated 27....

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.... stand that unless and until the petitioner furnished margins money in cash the question of the bank issuing a bank guarantee to the petitioner does not arise. Rather it has been the consistent case of the petitioner that he is not in a position to make any deposit in cash. It appears that the Appellate Tribunal was swayed by the fact that apart from making the cash deposits as required by the Sta....

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.... the matter is disposed of by the Appellate tribunal in pursuance of the order passed by this court the threat given by the Superintendent of Central Excise, Unnao by his communication dated 16th April, 1984 should be kept in abeyance. This appears to be a reasonable request. The Superintendent, Central Excise, Unnao shall not take any steps to initiate recovery proceedings against the petitioner ....