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TMI Blog2008 (3) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... ty shall be paid in cash within a period of one month from today. The impugned order dated 5-12-2007 of the Tribunal is set aside and the Bank Guarantee for total amount of ₹ 5 lacs plus deposit of ₹ 5 lacs in cash in the aggregate ₹ 10 lacs in all shall be treated as the pre-deposit under Section 35F of the Act. - 311 of 2008 - - - Dated:- 12-3-2008 - M.S. Shah and Ravi R. Tripathi, JJ. [Judgment per : M.S. Shah, J. (Oral)]. - Leave to convert this appeal into a Special Civil Application under Articles 226 and 227 of the Constitution. RULE. Mr. Harin Raval waives service of Rule for the respondent. In the facts and circumstances of the case, the petition is taken up for final disposal today. 2. Since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lacs in cash and to report compliance on 18-10-2007. It appears that the petitioners thereafter made application dated 17-10-2007 stating that the petitioners had obtained Bank Guarantee for the amounts of Rs. 2.25 lacs and Rs. 2.75 lacs and that for furnishing Bank Guarantee for the balance amount of Rs. 5 lacs, further period of one month may be granted. Before this application was heard, the petitioners made further application dated 19-11-2007 stating that the petitioners had already submitted Bank Guarantees of Rs. 2.25 lacs and Rs. 2.75 lacs and that the petitioners had managed to get further Bank Guarantee for Rs. 5 lacs, hence the same may be accepted. That the petitioners had managed to get Bank Guarantees for the entire amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 26-7-2007 to furnish Bank Guarantee for a sum of Rs. 2.25 lacs and deposit the balance amount in cash and the petitioner had already submitted Bank Guarantee of Rs. 2.25 lacs by 26-7-2007 and furnished further Bank Guarantee of Rs. 2.75 lacs by 17-10-2007, the Tribunal could as well have accepted Bank Guarantee for a total amount of Rs. 5 lacs and grant the petitioner further time to deposit the balance amount of Rs. 5 lacs in cash. 8. It is made clear that furnishing Bank Guarantee towards payment of amount under the order of pre-deposit is not to be treated as a rule. In fact, the pre-deposit should generally be made in cash [1985 (19) E.L.T. 22 (S.C.) = AIR 1985 SC 330], but since the Tribunal itself had granted an indulgenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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