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TMI Blog2018 (2) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... ent (AR), For the Respondent Per : V. PADMANABHAN The present Miscellaneous Application has been filed by the appellant against the Stay Order No.21294/2015 dt. 07/08/2015 in which, in connection with the Customs Appeal No.28526/2013, the Tribunal ordered the appellant to make a predeposit of 25% of the confirmed demand against them. In this connection, we heard Shri Anil Kumar, learned advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal papers, the Tribunal was in error to order additional predeposit of 25%. 3. Learned AR drew our attention to the Stay Order which was dictated and pronounced in the open court in the presence of both representatives of the appellant and Revenue. He submitted that the Stay Order was passed after appreciating the submissions made by both sides and after going through the findings of the ..... 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, Tribunal cannot modify that order subsequently like an appellate authority. 5. In the light of the decision of the Hon'ble Karnataka High Court, we are of the view that there is no justification for interfering with Stay Order dt. 07/08/2015 or modifying the same as there is no error on the face of the record. ROM application is rejected. 6. The appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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