2004 (1) TMI 516 - AT - Central Excise

Summary

Issues:
Appeal dismissal for non-compliance with Section 35F of Central Excise Act, restoration application based on deposit as per Stay Order, rejection of Stay Order modification, dismissal of appeal, challenge in High Court, doctrine of merger.

Analysis:
The appeal was dismissed due to non-compliance with Section 35F of the Central Excise Act, as the appellants failed to adhere to the Stay Order issued by the Tribunal, requiring a deposit of Rs. 10 lakhs by a specified date. Subsequently, the appellants sought to restore the appeal by depositing the amount as per the Stay Order. However, the Tribunal rejected their application for modification of the Stay Order but extended the compliance deadline. Despite this, the appeal was ultimately dismissed for non-compliance with the Stay Order provisions.

Moreover, the appellants filed a Civil Writ Petition against the Tribunal's Stay Order with the Hon'ble Punjab and Haryana High Court. The High Court dismissed the petition, leading to a crucial legal principle being invoked. Citing the Kunhayammed v. State of Kerala case, the Tribunal highlighted the doctrine of merger, which states that when an order is challenged in a superior court and subsequently confirmed, the order of the lower tribunal merges with the superior court's order. This legal doctrine emphasizes that only one decree or operative order can govern a subject matter at a given time.

Consequently, as the High Court dismissed the Writ Petition, the Tribunal concluded that its order had merged with the High Court's decision, rendering it beyond the Tribunal's jurisdiction to entertain any further applications related to the matter. Therefore, the Tribunal held that it lacked the authority to consider the appellants' restoration application in light of the doctrine of merger, leading to the dismissal of the application.