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TMI Blog2003 (1) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : P.S. Bajaj, Member (J)]. Shri T.S. Krishnan for the appellant requests for an adjournment on the illness of the Counsel. But, there is no application by the Counsel regarding his illness and inability to appear today. Therefore, we are unable to accept the request of Mr. Krishnan. We have heard the ld. JDR and gone through the record. In the stay application, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no registration of the brand name has been effected in their favour so far. The consent given by the foreign company is of no avail to the appellants, as they cannot be permitted to avail the SSI exemption under Notification No. 8/98, dated 2-6-98 in the face of specific provision contained therein that in case of user of a brand name of an another person, the manufacturer will not be entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. Consequently, we direct the appellants to pre-deposit the entire duty amount of Rs. 6,16,162/- within three months from today. On making this deposit, the requirement of pre-deposit of entire penalty amounts, shall stand waived and recovery stayed thereof till the disposal of the appeal. But, if the amount is not deposited within the stipulated period, then the appeal of the appellants shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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