SHRI K.C. AGARWAL Vs. CCE, JAIPUR

JUDGEMENT

(1.) UNDER Stay order dated 11.11.99 Shri K.C. Agarwal, appellant among others was directed to pre -deposit a sum of Rs. 50,000/ - within eight weeks from the date of receipt of that order. In the impugned order a penalty of Rs.l 2 lakhs had been imposed on Shri K.C. Agarwal. The matter was posted for noting the compliance and further orders on 18.1.2001. It has been made clear in para 7 of that order that if the amount so specified, was not deposited within stipulated period then the appeal would be dismissed without any further reference to the appellant. An application for modification was filed with the Tribunal which was disposed of under miscellaneous order dated 19.7.2000 and the Tribunal gave further three months time from the date of receipt of the order dated 19.7.2000 to comply with the terms of the aforesaid stay order. It was mentioned that in case of default the appeal will be dismissed. The matter was posted on 2.11.2000.

(2.) THE terms of stay order dated 11.11.99 have not been complied with even during the extended period.

(3.) SHRI Jitender Singh, ld. Advocate appearing for the appellant files copies of the orders dated 10.1.2001 and 17.1.2001 passed by the Delhi High Court. The orders are extracted below: -