R.B. Poly Sacks Vs. Commissioner of Central Excise

1. in this case the appellants vide stay order no. s/757/2000-nb(sm) dated 10-10-2000 of this bench were directed to make a deposit of rs. 1,38,4627- on or before 21-11-2000. the matter is listed today for reporting compliance of the direction of the pre-deposit. the aforesaid order dated 10-10-2000 was passed in the open court in the presence of shri a.l. upadhyay, advocate for the appellants.2. today when the matter is called, the appellants are not represented.i have heard shri r.c. sankhla, jdr for the respondent. the appellants have sent a communication dated 18-11-2000 in which it is requested that the stay order dated 10-10-2000 may be modified and appeal may be heard without asking for any deposit of the duty. i have considered these submissions. as already stated, the order dated 10-10-2000 for pre-deposit was made in the presence of ld. advocate of the appellants.the date of reporting compliance for pre-deposit i.e., 23-11-2000 is also known to the appellants, as the same was declared in the open court in the presence of ld. advocate for the appellants. the stay order dated 10-10-2000 is a detailed speaking order. on consideration of the submissions of the appellants, i find no grounds to waive the predeposit of the duty amount as already directed. since the appellants have not carried out the direction of the pre-deposit, their appeal is dismissed under section 35f of the central excise act, 1944.