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TMI Blog2016 (11) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... absence any extension of time by the Hon'ble Apex Court, this Tribunal has dismissed the appeals filed by the applicants for not compliance of provisions of Section 35F of the Central Excise Act - Application dismissed. - Appeal No. E/1245, 1246/2008, E/ROA/46-47/2016 - Misc. Order No: 60271-60272/2016 - Dated:- 12-8-2016 - Mr. Ashok Jindal, Member (J) and Mr. B. Ravichandran, Member (T) M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 12.12.2008 affirmed the order of this Tribunal and extended the time to deposit the amount of pre deposit by 10 weeks. The applicants did not make the pre deposit as directed by the Hon'ble Apex Court, but the applicants filed an application before this Tribunal for modification of the stay order dated 06.08.2008, this Tribunal vide order dated 27.02.2009 rejected the application for mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court on 09.12.2011. Therefore, the applicants paid the whole amount of duty in dispute and thereafter, filed these applications for restoration of appeals. 3. The Ld. Counsel for the applicants submits that the applicants have paid the whole amount of duty in dispute therefore, the appeal to be restored to its original no. has held by this Tribunal in ths case of T.N. Mulani Vs. CCE, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty in dispute but for not paid interest and penalties as per the impugned order. In that circumstances, the reliance made by the Ld. Counsel in the case of T.N. Mulani (Supra) is not applicable. As in that case, the applicants have made deposited of the whole amount in dispute but the same is not case in hand, as interest and penalty has not been deposited by the applicants, therefore, provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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