1993 (9) TMI 184

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..... Member (T)]. -  For hearing the applicant's appeal on merits, they are required to deposit Rs. 18,21,085/-towards duty. 2. Shri C.S. Lodha, the learned advocate pleads that though the show cause notice is within time, they have a prima facie ground on merits, since the issue is covered by the decisions of the Madras High Court reported in 1978 (2) E.L.T. (J 478) and 1983 (12) E.L.T. 725 (Ma .....

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..... ation. In the case of Bengal Chemicals, Special Bench has held that the name Bengal Chemicals even though registered as a trade mark, such name figuring on the caps cannot make it a branded medicine. In the case of Indo-French Pharmaceuticals Co. decision by Madras High Court is that even the monogram has been held to be not indicative of any connection with the manufacturer. In view of these case .....

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..... view of the aforesaid position, we direct the applicants to furnish a personal bond covering the duty amount within a period of 4 weeks from the date of communication of this order and reporting compliance within 5 weeks failing which their appeal is liable to be dismissed. On furnishing the personal bond, there shall be stay and waiver of recovery of the duty amount.
Case laws, Decisions, Ju .....

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