HARYANA CABLE INDUSTRIES AND Vs. CCE, NEW DELHI

JUDGEMENT

(1.) VIDE stay order of the Tribunal dated 13.2.2001 the appellants M/s. Haryana Cable Industries and Deepak Cable Co. were directed to make pre -deposit of Rs.50 lakhs (Rupees fifty lakhs only) towards the duty and M/s. Deepak Cable Co. of Rs.44 lakhs (Rupees forty four lakhs only) within the period of eight weeks from the date of receipt of copy of the order. The compliance was to be reported for today. No compliance has been made. The learned counsel states that the appellants moved an application for rectification of the stay order in which the arguments were heard but he has not received copy of sny order. But file shows order on the rectification application order had already been announced and it is for the Registry to convey the order. However, keeping in view the facts, circumstances and the request of the counsel we allow the extension of time for making compliance with the stay order dated 13.2.2001 of the Tribunal by 31.5.2001. At this stage, the learned counsel states that the appellants will not be able to comply with the stay order and the appeal may be dismissed accordingly. But still in the interest of justice, we allow the time upto the end of this month i.e. 31.5.2001, as earlier requested by the counsel, to the appellants for making compliance with the stay order of the Tribunal by that date. However, it is made clear that in case the appellants failed to make compliance by that date, their appeals will be dismissed in accordance with law under Section 35 -F of the Central Excise Act.

(2.) TO come up on 1.6.2001.