2007 (10) TMI 510

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..... t. [Order per : Jyoti Balasundaram, Vice-President]. We have heard both sides on the application for rectification of mistake stated to be apparent on record in Tribunal s Stay Order No. 770-772/98 dated 28-12-1998 directing pre-deposit of Rs. 5 lakhs towards duty and directing pre-deposit of Rs. 5 lakhs towards penalty by the main appellant and directing pre-deposit of Rs. 1 lakh and Rs .....

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..... by the Tribunal vide its Final Order No. A/91-93/2000-NB, dated 20-1-2000. The Hon ble High Court vide its order dated 16th February 2000 clarified its earlier order dated 2-11-99 [2000 (123) E.L.T. 96 (All.)] by stating that the security for the balance amount [over and above the cash deposit of Rs. 5 lakhs, as directed] shall be furnished except in the form of cash/bank guarantee within a period .....

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..... dated 7-12-01. On 17-1-03 the appellant s appeals were dismissed, for non-prosecution vide Tribunal s Final Order No. 38-40/03, dated 17-1-2003. Misc. application was filed by the applicants and vide Order No. 648/05, dated 12-12-2005 [2006 (196) E.L.T. 165 (Tri. - Del.)], the appeals were restored and it was further ordered that the ROM application No. 75/01 should be placed for reconsideration. .....

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