2004 (10) TMI 101

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....ri Jitendra Malkan for the respondents. At the request of the learned advocates, the petition is finally heard today. 2.The short question, which has been involved in the petition, is whether the petitioner should be asked to pre-deposit a sum of Rs. 25 lakhs as directed by the CESTAT. 3.Looking to the fact that Appeal No. E/1703/03-Mum filed against Order-in-Original No. M/222/WZB/2004/C-I is s....

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....he said fact. It has been however submitted by him that at this stage the petition is not maintainable, as the appeal is pending before the CESTAT. 6.We would not like to go into the merits of the petition as stated earlier. It is true that the learned advocate appearing for the respondents has relied upon the judgment delivered by this Court in SCA 11489/2004 on 10th September, 2004 in the case ....