9911796707
TMI Blog1997 (1) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : Justice U.L. Bhat, President]. This is an application seeking restoration of appeals E/812, 813 and 814/95-A dismissed on 16-12-1996 for non-compliance with provisions of Section 35F of the Central Excises Act, 1944 and direction to the Assistant Commissioner to lift the detention order dated 24-12-1996 issued under Rule 230 of the Central Excise Rules, 1944. We have heard b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in instalments of Rs. 50 lakhs per month. By miscellaneous Order No. 70/96-A, dated 13-5-1996 time for furnishing bank guarantee was extended till 31-5-1996 and appellants were allowed to deposit Rs. 5 crores in two instalments on 31-5-1996 and 30-6-1996 respectively. It appears the appellants have furnished bank guarantee for Rs. 2 crores. On 19-7-1996 appellants stated that they would deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pre-deposit as required under law and the case was adjourned to 16-12-1996. On that day, it was found that deposit of Rs. 75 lakhs had not been made on 1-12-1996. Appellants requested for more time to deposit. They also submitted that they would be in a position to deposit the amounts due in December 1996 and January 1997, in January 1997. We passed Final Order No. 3790-3794/96-A, dated 16-12- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50 lakhs on 31-12-1996. Acceptance of this prayer would involve unconditional restoration of the appeals and order for unconditional stay in the stay application. We do not think such a course can be resorted to. We asked the learned Counsel by way of testing bonafides of the appellants whether they can deposit some time in this month, Rs. 75 lakhs required to be deposited in January 1997 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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