2008 (3) TMI 559

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..... A., for the Appellant. Shri U.H. Jadhav, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. We have heard both sides on the application for waiver of pre-deposit of duty of Rs. 60,25,468/- confirmed against M/s. DAV Electronics Electricals Pvt. Ltd. (hereinafter referred to as DEEPL ) together with a penalty of equal amount and penalties of Rs. 30.00 lakhs .....

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..... de out a case that the brand name exclusively belongs to DAV Industry is prima facie not tenable, in view of the fact that the application for registration was not by M/s. DEEPL but by Shri A.K. Agrawal, in his capacity as proprietor, and further the submission that the logo with artistic design belonging to and registered in the name of DAV Industries was different from the logo and artistic desi .....

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..... of Rs. 20.00 lakhs towards duty within eight weeks from today and on such deposit, pre-deposit of balance of duty as well as the penalties imposed on all the three applicants shall stand dispensed with and recovery thereof stayed during the pendency of these appeals. Failure to comply with the direction shall result in vacation of stay and dismissal of the appeals without prior notice. 5. Compli .....

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