9911796707
TMI Blog2017 (7) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... - - Dated:- 4-7-2017 - S. MURALIDHAR PRATHIBA M. SINGH JJ. Petitioner Through: Mr. Arvind Nayar, Senior Advocate with Mr. Praval Arora and Mr. Amitabh Sinha, Advocates Respondent Through: Mr. Deepak Anand, Standing Counsel O R D E R 1. Mr. Deepak Anand, learned Standing Counsel appears on advance notice on behalf of the Respondent. With the consent of the parties, the writ petitions are taken up for final hearing. 2. These three writ petitions arise out of a common set of facts and are accordingly being disposed of by this common order. 3. These petitions have a chequered history. Show Cause Notices ( SCNs ) were issued to the Petitioners way back on 13th April, 2007 pursuant to the searches conducted at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 35F of the Central Excise Act, 1944. Accordingly, Mr. Ravi Singhal, the Petitioner in W.P.(C) No. 5460/2017 was required to deposit ₹ 50 lacs; M/s Supreme Trading Co. (STC), the Petitioner in W.P.(C) No.5461/2017 was required to deposit ₹ 25 lacs, and the Supreme Road Transport Pvt. Ltd. (SRTPL), the Petitioner in W.P.(C) No. 5482/2017 was required to deposit ₹ 75 lacs. 8. Thereafter, on 9th December 2014, the CESTAT again dismissed the appeals of the three Petitioners for non-compliance of the previous order dated 1st September, 2014. 9. Statutory appeals were filed by the Petitioners before this Court. By an order dated 18th August, 2015 in each of the appeals this Court required Mr. Ravi Singhal and STC to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order was passed by this Court recording the statement made by the learned counsel for the Petitioners regarding withdrawal of the application with liberty to approach the CESTAT. The applications were, accordingly, dismissed as withdrawn. 14. Thereafter, fresh applications were filed before the CESTAT by each of the Petitioners requesting that the deposit made by the Petitioners should be accepted by the CESTAT and the respective appeals be heard on merits. IN these applications, the following order was passed by the CESTAT on 18th April, 2017: Shri Arvind Nayar, learned Sr. Advocate submits that in the matter, the applicants want to move an application in the Hon ble High Court of Delhi for clarification. For this purpose, he requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... about the financial difficulties faced by the appellants. He had however added that the appellants were in a position to deposit some amount as they had made some arrangements and had collected some amount so that some amount could be paid. So as to verify the bona fides of the appellants, this Court had directed the appellants to deposit ₹ 1 crore with the Registry of this Court and the said amount has been deposited by the appellants within the time prescribed by this Court. Thus, a sum of ₹ 1 crore has already been deposited by the appellants with the Registry of this Court. 19. It is plain, therefore, that in the above case, the pre-deposit was made within the time prescribed by the Supreme Court. 20. As far as the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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