2009 (5) TMI 638

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..... Rashmi Singh, Advocates, for the Appellant. Shri Surendra Shah, DR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. -  Heard the lear-ned Advocate for the applicants and learned DR for the respondent. By order dated 5-2-2009 passed in Stay application Nos. 2225-2228, 2253-54, 2293, 2547-49, of 2008 while granting stay to the execution of impugned order the .....

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..... two of its unit and they are having only Rs. 17 lakhs in cash in hand and they are also having liability towards U.P. Power Corporation Limited as well as to the Government on account of income tax demand. He further submitted that there is already arrangement for payment by way of installments in respect of dues claimed by the U.P. Power Corporation Limited. Similar facility should be made availa .....

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..... te for the appellant. In fact, it has been clearly recorded so in the order dated 5-2-2009. It is also to be noted that while arriving the quantum of deposit amount in terms of Section 35F of the said Act, not only the Advocate for the appellant was heard on the point but the willingness of and instruction from his client were obtained and that has been specifically recorded in order dated 5-2-200 .....

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..... o the order dated 5-2-2009 which would warrant modification in the said order dated 5-2-2009 permitting the appellant to deposit of Rs. 1 crore by way of installments. Undisputedly, the quantum of duty which was liable to be deposited in terms of Section 35F of the Act was fixed after hearing the parties and on willingness expressed in that regard by the appellant. Since no new facts have occurred .....

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..... eposited in terms of the willingness expressed by the appellant, the question of modification of order on the basis of the grounds alleged in the application does not arise. Hence, the application is dismissed. However, as far as time period for the deposit of Rs. 1 crore is concerned, the same is extended by another eight weeks. Compliance to be reported on 16th July, 2009.
Case laws, Decisi .....

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