9911796707
TMI Blog1994 (1) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... . Kalyanam, Member (J)]. This is an application seeking modification of the order of the Tribunal dated 20-8-1993 directing the appellant to pre-deposit the amount specified therein in terms of Section 35F of the Central Excises Salt Act, 1944, the `Act for short. 2. Shri Joggayya Sharma, the learned Senior counsel for the petitioner, submitted that under the Sick Industrial Companies ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d particularly execution of any order against any properties of the industrial company declared sick and in view of the non obstante clause which would have overriding legal effect of all other proceedings of law including the proceedings relating to Section 35 of the Act. The learned counsel also in this context placed reliance on the ruling of the West Regional Bench in the case of Gujarat Narma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be extended beyond 28th February, 1994. 4. We have considered the submissions made before us. In our view Section 22 of Central Act 1 of 1986 does not place any statutory embargo in regard to operation of Section 35F of the Central Excises Salt Act, 1944 in regard to pre-deposit. Section 22 is only to safeguard against any distress or attachment and sale of the properties of the sick unit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Act 1 of 1986. The only plea before the West Regional Bench was the unit having become sick the unit would suffer undue hardship if called upon to pre-deposit. We further note that the finding in the said order of the Tribunal in Para 4 does not flow from the wording of Section 22 of Central Act 1 of 1986. We further note that even in the impugned order the Tribunal has taken note of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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