NOVAMET INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED Senior Counsel assisted by Shri Manu Khare, learned counsel for the appellant, Dr. Ashok Kumar Nigam, Additional Solicitor General of India assisted by Shri Ajay Bhanot, learned counsel for respondent no. 1 and Shri S. P. Kesarwani, learned counsel for respondent nos. 2 and 3 have been heard.

(2.) AS requested and agreed by the learned counsel for the parties, we have proceeded to hear and dispose of this appeal finally at this stage.

(3.) THIS appeal has been preferred under Section 35b of the Central Excise Act, 1944 (hereinafter referred to as 1944 Act ). Aggrieved by the order dated 13. 10. 2008 passed by the Custom Excise and Service Tax Appellate Tribunal, New Delhi (for short "the Tribunal") on the application of the appellant seeking waiver of pre-deposit.