M/S UNIWORTH TEXTILES LTD. Vs. CCE, RAIPUR

JUDGEMENT

(1.) THE learned advocate for the appellants states that they have approached the High Court of Delhi against the order passed in stay application by this Tribunal. Initially the High Court has granted four weeks time to deposit the amount which expired on 30th December, 2009. She states that there is no stay granted to the order passed in stay application. She also admits that the appellants have not complied with the order passed in stay application as regards the deposit of the amount. She further states that the appellants have filed an application for modification of the order passed by the High Court in the Writ Petition. Merely filing of the application for modification of the order passed by the Honble High Court does not result in stay of the order passed in stay application by the Tribunal. Considering the provisions of Section 35 -F of the Central Excise Act, 1944, consequences contemplated thereunder on account of failure to comply with the requirement of pre -deposit are bound to follow. However, before passing any order in that regard, opportunity is granted to the appellants to satisfy the Tribunal as to why the appeal should not be dismissed for non -compliance of the requirement regarding pre -deposit. The matter to be listed along with similar issue arising in other matters being fixed on 28.01.2010.