2010 (2) TMI 999

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..... or the appellants states that the appellants company could not deposit the entire amount within the specified time and the matter was dismissed on that count on 16-9-2008. He further states that subsequently the appellants company deposited the required amount in terms of the stay order and, therefore, has moved the present application for restoration of appeal. He also drew our attention to the M .....

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..... nditions of the stay order. 3. It cannot be disputed that mere deposit of the amount after the specified period in terms of the order passed under proviso to Section 35F of the Central Excise Act, 1944 would not entitle the appellants to seek restoration of the appeal which was dismissed on account of failure on the part of the appellants to comply with the requirement of pre-deposit. However, i .....

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