SARLA ENTERPRISES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THESE three appeals are at the instance of M/s. Sarla Enterprises, Sunil Kumar and Dinesh Bhalla. When the stay petitions filed by the appellants came up for orders, appellants were directed to deposit the penalty imposed on them within three weeks from the date of the order, namely, 29.6.2000. The said deposit was a condition precedent for entertaining the appeals. Appeals came up today for ascertaining whether earlier order was complied with. Learned counsel representing the appellants submitted that Sarla Enterprises moved the Delhi High Court challenging the correctness of the order dated 29.6.2000. That writ petition was dismissed. According to the learned counsel, while dismissing the writ petition, High Court granted time till 16.8.2000 for depositing the penalty amount by Sarla Enterprises. Counsel further submitted that Shri Dinesh Bhalla did not take up the matter before the High Court. Nor did he deposit the penalty imposed on him as per the impugned order.

(2.) SINCE time for deposit of the penalty amount has been extended by the High Court in the case of M/s. Sarla Enterprises, appeal filed by that concern is adjourned to 18.8.2000. As regards the appeal filed by Dinesh Bhalla is concerned, he has not deposited the amount pursuant to our order dated 29 -6 -2000. Consequently, that appeal has not been properly constituted, inasmuch as he has not complied with the conditions contemplated by Section 129E of the Customs Act, 1962. Appeal C/51/2000 -A being one not properly constituted is struck off the file.