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2009 (5) TMI 554

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..... Panda, Member (J)]. - None present for the appellants, M/s. Novamet Industries, Smt. Sangeeta Bhalla and Shri Satish Bhalla. Ld. Counsel Shri Piyush Kumar appears for the appellant Shri Vinay Jain who is partner of M/s. Novamet Industries. Shri Piyush Kumar submits that his client Shri Vinay Jain faced a penalty of Rs. 27,10,90,863/-. A common stay order was passed in respect of all the four litigants on 13-10-08 [2009 (235) E.L.T. 761 (Tri. - Del.)]. According to him, there was no direction by Tribunal to Shri Vinay Jain for making a pre-deposit. 2. Ld. DR Shri Sumit Kumar submits that all the four litigants were dealt by a common stay order dated 13-10-08 [2009 (235) E.L.T. 761 (Tri.-Del.)]. That stay order was before the Hon' .....

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..... r the appeals on merit. While passing an order on 30-4-09 we made it clear in terms of para-3 of our order that Tribunal has no scope to consider these applications in view of order of Apex Court passed on 30-3-09. 3.1 Heard both sides and perused the record. 3.2 In absence of certified copy of order passed by Apex Court on 30-3-09, we waited for such copy. We have noticed that the above three appellants except Shri Vinay Jain had filed review petition before the Hon'ble Supreme Court. In view of the prayer by the three appellants except Shri Vinay Jain on 30th April, 09, we adjourned the matter to 8-5-09 to ascertain status of the review application before the Hon'ble Supreme Court. There is an application filed by Smt. San .....

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..... 30-4-09 following due process of justice. 5. The right of appeal granted to a litigant is conditional under the law. There is no absolute right on the appellant to press for hearing the appeal on merit without fulfilling condition of pre-deposit. The facts and circumstances of the cases does not suggest whether they have fulfilled the conditions. On this ground alone their appeals call for dismissal. We have noticed that three appellants as aforesaid have been approaching this Tribunal for modification applications after order dated 30-3-2009 was passed by the Hon'ble Supreme Court as aforesaid. We are helpless at this stage to consider prayer of the appellants to hear their appeal on merit. We have also noticed that even case of Sh .....

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