2004 (10) TMI 101

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..... ice of rule is waived by learned Senior Standing Counsel Shri Jitendra Malkan for the respondents. At the request of the learned advocates, the petition is finally heard today. 2.The short question, which has been involved in the petition, is whether the petitioner should be asked to pre-deposit a sum of Rs. 25 lakhs as directed by the CESTAT. 3.Looking to the fact that Appeal No. E/1703/03-Mum .....

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..... r Standing Counsel Shri Jitendra Malkan could not dispute the said fact. It has been however submitted by him that at this stage the petition is not maintainable, as the appeal is pending before the CESTAT. 6.We would not like to go into the merits of the petition as stated earlier. It is true that the learned advocate appearing for the respondents has relied upon the judgment delivered by this C .....

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