BYAHUT TEA COMPANY Vs. COMMISSIONER OF CUSTOMS, PATNA

JUDGEMENT

(1.) THE appellant was directed to deposit the duty amount of Rs. 36,000/ - (Rupees thirty six thousand) within a period of six weeks from the passing of the Stay Order No. S -588/KOL/2002, dated 4 -7 -2002. The said directions were given after hearing the ld. counsel appearing on behalf of the appellant and the ld. JDR. The matter is fixed today for reporting compliance. However, we find that neither is there any compliance on record nor anybody has appeared. However, our attention has been drawn to a miscellaneous application filed by the appellant praying for modification of the stay order. On going through the said miscellaneous application we find that the grounds taken in the application are same which were taken by the appellant at the time of hearing of their stay petition and which have already been considered. The amount of duty required to be deposited by the appellant is too small and does not need any interference at this stage. Accordingly we dismiss the miscellaneous application. However, in the interest of justice we grant another period of one month for the appellant to comply with the said stay order. The appellants are directed to report compliance on 24 -9 -2002. Appeal shall also be taken up on the said date.