2001 (6) TMI 206 - HC - Customs

Stay - Financial Hardship - the petitioner has submitted that the Factory was destroyed and even Dena Bank, from whom he had taken loan, had filed a Suit against it. Held that - merely because a bald averment made that factory was destroyed and that there is no other immovable property, not makes a case of such financial hardship. Tribunal rightly ordered to deposit a sum of Rs. 5 lacs.

Summary

The Gujarat High Court upheld the order of CEGAT, rejecting a petitioner's request for exemption from depositing Rs. 5 lakhs under Section 129E due to financial hardship. The petitioner's claim of having no immovable property was found to be incorrect as he owned a Factory. The Court dismissed the petition, stating that there was no error of fact or law justifying interference under Article 226 of the Constitution of India.