VIKRAM CEMENT Vs. CCE, INDORE

JUDGEMENT

(1.) As per Order dated 26.3.2001 passed in the stay application, this Tribunal found that the issue in the appeal was squarely covered against the appellants by a Larger Bench decision of the Tribunal and, therefore, in the absence of prima facie case, directed the appellants to deposit an amount of Rs. 1,26,651/ - towards duty on or before 8.5.2001 for purpose of Section 35F of the Central Excise Act. The Bench, however, granted waiver of deposit of penalty. Today the matter has come up for reporting compliance with the direction for deposit. There is neither any report of compliance nor representation for the appellants inspite of notice of the above order. The respondents is represented by ld. JDR, Sh. J. Singh.

(2.) It appears from the proceedings on record that the appellants are not interested in pursuing this appeal. The appeal is, therefore, dismissed for non -prosecution as well as for non -compliance with the provisions of Section 35F ibid.