1999 (4) TMI 91

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..... Gold (Control) Appellate Tribunal, New Delhi whereby the petitioner's appeal has been dismissed for non-compliance of the conditions of pre-deposit under Section 35F of the Central Excise Act (hereinafter referred to as `the Act'). 2.I have heard Shri A.P. Mathur, learned Counsel for the petitioner and Shri Surya Prakash, learned Standing Counsel for the respondents at the admission stage. 3 .....

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..... st the said order the petitioner came to this Court in writ petition No. 5 of 1994 and an interim order dated 4-1-1994 was made by this Court that the petitioner's appeal shall not be dismissed on account of non-deposit of Rs. 75,000/-. The writ petition remained pending in this Court for more than three years and ultimately by order dated 28-7-1997 the writ petition was dismissed for default. An .....

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..... l had partially waived the conditions and directed the petitioner to deposit only Rs. 75,000/-. The petitioner prolonged the matter through the aforesaid writ petition which was ultimately dismissed. Even thereafter it did not comply with the Tribunal's order and continued to *** counsel for the petitioner contended that the demand was unjustified and that the Tribunal should have waived the condi .....

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