HARYANA CABLE INDUSTRIES, Vs. CCE NEW DELHI

JUDGEMENT

(1.) Vide stay order of the Tribunal dated 13.2.2001 the appellants M/s. Haryana Cable Industries and M/s Deepak Cable Co. were directed to make pre -deposit of Rs.50 lakhs (Rupees fifty lakhs only) and Rs.44 lakhs (Rupees forty four lakhs only) towards the duty liability, respectively, within the period of eight weeks from the date of receipt of copy of the order. The compliance was to be reported on 3.5.2001, but no compliance was made. The learned counsel stated that the appellants had moved applications for rectification of the stay order in which the arguments were heard but had not received copy of any order. But the file shows that rectification applications had already been rejected vide order dated 2.5.2001. However, keeping in view the facts and circumstances extension of time for making compliance with the stay order dated 13.2.2001 of the Tribunal, by 31.5.2001 was allowed vide order dated 3.5.2001, although the learned counsel stated that the appellants will not be able to comply with the stay order and the appeals may be dismissed accordingly.

(2.) Today the compliance of the stay order was to be reported by the appellants, but no compliance had been made by them. The proxy counsel appearing for the appellants has requested for extension of time on the ground that the appellants were out of town. But we do find it a sufficient ground to allow any further extension especially when on the last date of hearing i.e. 3.5.2001, it was made clear that if the appellants failed to make compliance of the stay order by the stipulated time, their appeals will be dismissed. Therefore, the appeals of the appellants are ordered to be dismissed under Section (SIC)35 -F of the Central Excise Act for non -compliance with the stay order. Dictated and pronounced in the open Court.