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2017 (7) TMI 243

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..... RDER Per Court 1] The Appellant had preferred an appeal before the CESTAT along with the stay petition. 2] By the CESTAT order dated 16th April, 2012, the present Appellant was directed to deposit the dues as per adjudication order within four weeks. On the said date, none appeared for the present Appellant. The said order was not complied. The Appellant moved Miscellaneous Application for rest .....

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..... Appellant, the Appellant is ready to deposit 25% of the duty without prejudice to his right. The Appellant be given an opportunity to contest the matter on merits before the CESTAT. 4] The learned counsel for the Respondent submits that the Appellant is protracting the matter and is guilty of disobeying the order passed by the CESTAT. No plausible reason is given for not complying the order of th .....

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..... ) The impugned order dated 16th April, 2012, dismissing the Miscellaneous Application and the Appeal are quashed and setaside. b) The Appeal and the Miscellaneous Application are restored to its original position, on condition that the Applicant shall deposit 25% of the amount of duty within four weeks from today. c) The deposit of amount is condition president. d) On deposit of the said amount .....

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