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1989 (5) TMI 238

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..... dents. [Order per : Harish Chander, Member (J)]. The applicants have made a prayer for dispensing with the pre-deposit of the duty amount of Rs. 46,39,846.05 paise and penalty of Rs, 14 lakhs by order No. 227/88 dated 18th November 1988. The Bench had ordered the applicants to deposit Rs. 19 lakhs in cash within 8 weeks from the date of the order. The applicants did not comply with the t .....

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..... the Bench on 10-2-1989 and the appeal was dismissed for non-compliance of the provisions of Section 129E of the Customs Act and the miscellaneous application was also dismissed. Now the applicants moved a fresh application duly supported with an affidavit for the restoration of the appeal. Shri Alim Chandani, the learned Advocate who has appeared on behalf of the applicants reiterated the content .....

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..... s which he has produced in open court, he leaves it to the Bench. 2. We have heard both sides and have gone through the facts and circumstances of the case. The appeal was dismissed for non-compliance of the provisions of Section 129E. The Bench had pointed out to the learned Advocate that the present application of the applicants is in respect of restoration of the appeal whereas the appeal was .....

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..... e earlier order dated 10-2-1989. Now coming to the offer of the learned Advocate for the deposit of Rs. 19 lakhs we order that the applicants shall deposit a sum of Rs. 19 lakhs by Thursday the 18th May, 1989 and further order that the applicants shall make a further deposit of Rs. six lakhs on or before 31st May, 1989. The applicants shall report compliance of this order to the Registry for the f .....

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