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TMI Blog2019 (4) TMI 1555X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Counsel appearing for the applicants states that the first sentence in paragraph no.5 of the undertaking has been inadvertently incorporated and the same may be treated as deleted. He states that the interest at the rate of 9% p.a. will be actually paid and there is no question of furnishing bank guarantee for the said amount. Considering the fact that the compliance with the undertaking will compensate the Revenue to a substantial extent for the delay, the notices of motion deserve to be made absolute. - NOTICE OF MOTION NO. 30 OF 2019 IN CENTRAL EXCISE APPEAL NO. 168 OF 2013, ALONG WITH NOTICE OF MOTION NO. 31 OF 2019 IN CENTRAL EXCISE APPEAL NO. 188 OF 2013, ALONG WITH NOTICE OF MOTION NO. 32 OF 2019 IN CENTRAL EXCISE APPEAL NO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was filed before the Apex Court which was dismissed by the order dated 4th February, 2016. Thereafter, a curative petition was filed before the Apex Court. The Apex Court dismissed the same by the order dated 18th February, 2016. According to the case made out in the affidavit-in-support, the order of this Court dated 21st July, 2014 became operative only on dismissal of curative petition on 18th February, 2016. 3. The prayers made in these Notices of Motion are identical. The prayers are essentially for extending the time granted by this Court under the order dated 21st July, 2014 to comply with the conditions in common interim order of the Tribunal by depositing the requisite amounts. As there is a delay in seeking such relief, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amounts which are due and payable under the common interim order from 19th August, 2014 (the date on which time fixed under the order of this Court expired till the date of payment of the entire amount). The learned Counsel appearing for the applicants states that the first sentence in paragraph no.5 of the undertaking has been inadvertently incorporated and the same may be treated as deleted. He states that the interest at the rate of 9% p.a. will be actually paid and there is no question of furnishing bank guarantee for the said amount. 6. Considering the fact that the compliance with the undertaking will compensate the Revenue to a substantial extent for the delay, the notices of motion deserve to be made absolute. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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