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TMI Blog2015 (9) TMI 1598X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant in the said miscellaneous application and the said order is unsustainable, being non-speaking? Held that: - since it is submitted on behalf of the appellant that they are ready and willing to deposit a sum of ₹ 35 lakhs within a period of eight weeks from date, the impugned order passed on 25th November, 2013 is set aside and quashed - On such deposit of ₹ 35 lakhs within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. E/M/71345/2015 and on Excise Appeal Nos. E/A/445-446/2010, is taken up for hearing. 3. At the very outset, Mr. S.P. Majumder, learned advocate for the appellant submits that there is a mistake in calculating the period of delay. Since the certified copy of the order dated 25th November, 2013 was received on 23rd September, 2014 and under Section 35G of the Central Excise Act, 1944 an app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case, the Tribunal was justified in law in dismissing the miscellaneous application summarily as well as the appeal without dealing with the contentions raised by the appellant in the said miscellaneous application and the said order is unsustainable, being non-speaking? 5. Since the learned advocates for the parties have entered appearance, by consent of the parties, this appeal under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facie case, the entire pre-deposit of 50%, as directed by the Tribunal, may be waived and the Tribunal may be directed to hear the appeal itself on merits which is opposed by Mr. Maity, learned advocate for the respondent/authorities. 7. Heard learned advocates for the parties. 8. It appears that the petitioner/appellant had filed the miscellaneous application praying for modification of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made without prejudice to the rights and contentions of the parties. It is made clear that while hearing the matter, the Tribunal will not be influenced by any of the observations made in this order. In the event no deposit is made within the time as stipulated, the order passed on 25th November, 2013 shall stand revived. 10. The appeal and the applications are disposed of. 11. Learned adv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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