2013 (10) TMI 176 - SC - Central Excise

Restoration of Appeal Delay in Pre-deposit Delay Condoned - A sum of Rs. one crore had already been deposited by the appellants with the Registry of this Court - The learned counsel for the appellants had submitted that the delay caused in depositing the notified amount be condoned in the interest of justice and the appellants be not asked to deposit any further amount as it was not possible for the appellants to deposit any further amount but in the interest of justice, the appeals filed by the appellants before the CESTAT be kindly restored - in the interest of justice, the order was quash and set aside whereby the appeals of the appellants had been dismissed for not depositing the amount of pre-deposit.

Summary

Issues:
Delay in depositing pre-deposit amount leading to dismissal of appeals, rejection of modification applications, rejection of restoration applications, condonation of delay in depositing lesser amount, restoration of appeals, quashing and setting aside dismissal order, forwarding deposited amount to respondent, directing CESTAT to decide appeals within six months.

Analysis:
The appellants challenged an order by the Commissioner of Central Excise, Customs, and Service Tax, Vadodara-I, by filing appeals before the CESTAT, Ahmedabad. They were directed to deposit Rs. two crores as a pre-deposit, which they failed to do within the specified time. Despite extensions granted, the appellants could not meet the deposit requirements, leading to rejection of modification applications and subsequent dismissal of appeals due to non-compliance.

The appellants sought relief through various legal avenues, including filing a special civil application in the High Court of Gujarat and a special leave petition before the Supreme Court, all of which were unsuccessful. The Supreme Court, while rejecting the petition, allowed an extension for depositing the pre-deposit amount by four weeks. However, the appeals were dismissed by the CESTAT on 28th July, 2008, for non-compliance with the pre-deposit requirement.

Subsequently, restoration applications filed by the appellants before the CESTAT were also rejected. The appellants then approached the Supreme Court, seeking restoration of their appeals. The appellants deposited Rs. one crore with the Registry of the Supreme Court to demonstrate their bona fides and financial constraints. The Court, considering the circumstances and the amount deposited, quashed the order dismissing the appeals and directed the CESTAT to restore the appeals to their original numbers.

The deposited amount of Rs. one crore was to be forwarded to the respondent. The Court instructed the CESTAT to make efforts to decide the appeals within six months from the judgment date, emphasizing that the appeals had been dismissed solely due to non-compliance with the pre-deposit requirement. The appeals were ultimately allowed with no order as to costs, bringing the legal proceedings to a close.