1995 (5) TMI 41

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..... w Delhi, dismissing the application filed by the petitioners seeking modification of the order of stay and directing the petitioners to deposit the balance amount of pre-deposit to the tune of Rs. 2,73,945/-. The petitioners earlier filed an application before the Tribunal praying for waiver of pre-deposit and stay of recovery of Rs. 3,53,745/- demanded as duty on seized goods out of which 2 were .....

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..... fine imposed by the adjudicating authority would stand waived during the pendency of the proceedings before the Tribunal. The Tribunal further directed that the aforesaid order of pre-deposit be complied within 12 weeks and fixed the matter for orders on 23-12-1993 for ascertaining compliance. 2.It is however, found on record that the petitioners failed to comply with the aforesaid orders passed .....

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..... 0/- had already been paid and accordingly the balance of duty amount came to Rs. 2,73,945/- and that there is no justification for modification of the aforesaid Order passed on 13-9-1993. It appears from the aforesaid order passed by the Tribunal that the counsel appearing for the petitioners stated before the Tribunal that at least 3 months' time may be given to enable the petitioners to pay the .....

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..... tition alongwith the orders passed by the Tribunal. It is apparent from the records placed before us that by order dated 13-9-1993 the Tribunal directed for compliance of the order for pre-deposit within a period of 12 weeks from 13-9-1993. The said order was however, not complied with and instead three applications were filed for modification of the order dated 13-9-1993 after a substantial gap o .....

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..... yment of the balance amount towards pre-deposit and taking advantage of extension of time for depositing the pre-deposit, cannot in our opinion turn back and further agitate the matter regarding payment of the balance amount of pre-deposit. That apart, the conduct of the petitioners in the present case in not depositing the balance amount towards pre-deposit after obtaining time to deposit the sam .....

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