2009 (6) TMI 261 - HC - Customs

Grievance of the petitioner is that his application for stay was dismissed ex parte. It appears that by order dated 17th December 2008 petitioners were directed to deposit entire amount of penalty. By order dated 31st March 2009 the order was varied by adjusting the amount already adjusted against the amount of penalty. Held that Tribunal really cannot be faulted for having proceeded ex parte in absence of lawyer who has filed his vakalatnama. However in order to enable the petitioner to prosecute the appeal order passed to make some deposits - On such deposit the appeal to be heard on merits.

Summary

The Bombay High Court ordered the petitioner to deposit specific amounts within a set timeframe for their appeal to be heard on merits. Failure to deposit would result in the appeal being dismissed for non-prosecution. The court made the rule absolute with no costs. (2009 (6) TMI 261 - BOMBAY HIGH COURT)