1995 (5) TMI 41

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.... against the miscellaneous order passed by the CEGAT, New Delhi, dismissing the application filed by the petitioners seeking modification of the order of stay and directing the petitioners to deposit the balance amount of pre-deposit to the tune of Rs. 2,73,945/-. The petitioners earlier filed an application before the Tribunal praying for waiver of pre-deposit and stay of recovery of Rs. 3,53,745....

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....5/- the remaining amount towards penalty and redemption fine imposed by the adjudicating authority would stand waived during the pendency of the proceedings before the Tribunal. The Tribunal further directed that the aforesaid order of pre-deposit be complied within 12 weeks and fixed the matter for orders on 23-12-1993 for ascertaining compliance. 2.It is however, found on record that the peti....

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....itioners to deposit Rs. 3,53,745/- out of which Rs. 79,800/- had already been paid and accordingly the balance of duty amount came to Rs. 2,73,945/- and that there is no justification for modification of the aforesaid Order passed on 13-9-1993. It appears from the aforesaid order passed by the Tribunal that the counsel appearing for the petitioners stated before the Tribunal that at least 3 months....

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....nsel for the petitioner and also the contents of the writ petition alongwith the orders passed by the Tribunal. It is apparent from the records placed before us that by order dated 13-9-1993 the Tribunal directed for compliance of the order for pre-deposit within a period of 12 weeks from 13-9-1993. The said order was however, not complied with and instead three applications were filed for modific....