2009 (7) TMI 331 - AT - Customs

Modification application has been made by the applicants against the Stay Order of Tribunal - The applicants have raised additional grounds in the modification application, which they did not raise when their stay application was heard - Hence, they are precluded from raising it in the modification application. The Tribunal cannot keep tinkering with its Order as and when the applications for modification of the Order are filed. Otherwise, this will tantamount to reviewing its own Order, which is not permissible at the interim stage. - The modification application filed by the applicants is rejected.

Summary

The Appellate Tribunal CESTAT, Mumbai rejected the modification application filed by the applicants against the Stay Order, directing them to pre-deposit Rs. 5,00,000 in addition to Rs. 1,00,000 already paid. The Tribunal stated that applicants cannot raise additional grounds in the modification application that were not raised earlier. Despite rejection, the Tribunal extended the time limit for pre-deposit to four weeks.