2009 (5) TMI 655 - AT - Central Excise

Summary

Issues:
1. Application for withdrawal of misc. application for Early Hearing of the appeal.
2. Restoration of appeals based on compliance with stay order conditions.

Analysis:
1. The Revenue filed an application to withdraw the misc. application for Early Hearing of the appeal, which was dismissed as withdrawn. The Tribunal found the application to be infructuous.

2. The applicants filed applications for restoration of the appeals after the Tribunal directed them to deposit part of the demands and 10% of penalty for hearing the appeals. However, the appellants did not comply with the conditions of the stay order, leading to the dismissal of the appeals. Subsequently, the applicants filed for restoration without making the pre-deposit, and also challenged the pre-deposit order in the High Court. The High Court dismissed the writ petition, stating that the Tribunal's order merged with the High Court's order. Since there was no modification by the High Court, the Tribunal found no merit in the applications and dismissed them.

This judgment highlights the importance of compliance with stay order conditions and the impact of challenging such orders in higher courts. The decision underscores the principle that orders passed by lower tribunals merge with higher court orders unless modified, emphasizing the need for strict adherence to legal procedures in such matters.