1999 (4) TMI 91

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....a, the petitioner challenges an order dated 27-5-1998 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi whereby the petitioner's appeal has been dismissed for non-compliance of the conditions of pre-deposit under Section 35F of the Central Excise Act (hereinafter referred to as `the Act'). 2.I have heard Shri A.P. Mathur, learned Counsel for the petitioner and Shri Su....

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.... 75,000/- be paid within eight weeks. The pre-deposit of the balance was waived. Against the said order the petitioner came to this Court in writ petition No. 5 of 1994 and an interim order dated 4-1-1994 was made by this Court that the petitioner's appeal shall not be dismissed on account of non-deposit of Rs. 75,000/-. The writ petition remained pending in this Court for more than three years an....

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....uthority or pre-deposit is waived wholly or partially. In the present case the Tribunal had partially waived the conditions and directed the petitioner to deposit only Rs. 75,000/-. The petitioner prolonged the matter through the aforesaid writ petition which was ultimately dismissed. Even thereafter it did not comply with the Tribunal's order and continued to *** counsel for the petitioner conten....