ESS ESS METALS ENTERPRISES Vs. CCE

JUDGEMENT

(1.) M/s. Ess Ess Metal Enterprises were directed, vide Stay Order No. S/167/2003 -NB(C) dated 15.5.2003 to deposit an amount of Rs. 50 lakh within 8 weeks and the matter was to come up for reporting compliance on 29.7.2003. Subsequently, the appellants moved Delhi High Court, which vide order dated 31.7.2003 in Civil Writ Petition No. 4580/2003, directed them to deposit a sum of Rs. 20 lakh instead of Rs. 50 lakh, directed by the Tribunal, on or before 30.9.2003.

(2.) Shri Pradeep Kumar Accountant, submitted that the appellants have filed a SLP before the Hon'ble Supreme Court of India, which is pending. He, therefore, requested that the matter may be kept pending.

(3.) Shri D.N. Choudhary, learned DR, on the other hand, submitted that the Delhi High Court has directed the appellants to deposit Rs. 20 lakh on or before 30.9.2003 and as they have not deposited the same, the appeal should be rejected for non -compliance with the directions of the Delhi High Court particularly in absence of Stay granted by the Hon'ble Supreme Court.