M S INTERNATIONAL LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the Petitioner is directed against an order dated 1st August, 2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal in C/Stay/812/2002-C in Appeal No. C/227/2002-C.

(2.) By the application on which the impugned order ha been passed, the Petitioner had sought waiver of pre-deposit of duty amounting to about Rs. 19.7 crores and an equal amount of penalty imposed by the Commissioner of Central Excise.

(3.) The Tribunal, after hearing the matter and considering the prima facie case as well as the financial difficulty pleaded by the Petitioner, directed the Petitioner, by an order dated 13th August, 2002 to deposit a sum of Rs. 5 crores within eight weeks. Then the matter was adjourned to 16th October, 2002 for reporting compliance. It appears that since the Petitioner did not deposit the amount, the Tribunal dismissed the appeal with liberty to the Petitioner to apply for restoration in case the amount is deposited within 30 days.