Nortan Intec Rubbers (P) Ltd. Vs. Commissioner of Central Excise, - Court Judgment

Excerpt:
1. the appellants, by stay order no. 183/2000 dt, 30.4.2001 has been directed, to pre deposit rs. 20 lakhs out of duty amount confirmed to an extent of rs. 74,65,974/- and equal amount towards penalty under section 11 ac and rule 173q of the central excise act. they were given extension of time by miscellaneous order no. 246/2001 and it was made clear in the miscellaneous order that if they do not pre deposit the amount, then the appeal shall be liable for dismissal. the appellants have not pre deposited the amount. there is no report of compliance.2. ld. dr seeks for dismissal of the appeal for non compliance of the stay order.3. considered. the appellants have not pre deposited the amount. they have not produced the compliance report. in view of the matter, the appeal is dismissed for non compliance of the stay order under section 35 f of the central excise act.

Judgment:
1. The appellants, by stay order No. 183/2000 dt, 30.4.2001 has been directed, to pre deposit Rs. 20 lakhs out of duty amount confirmed to an extent of Rs. 74,65,974/- and equal amount towards penalty under Section 11 AC and Rule 173Q of the Central Excise Act. They were given extension of time by Miscellaneous order No. 246/2001 and it was made clear in the Miscellaneous order that if they do not pre deposit the amount, then the appeal shall be liable for dismissal. The appellants have not pre deposited the amount. There is no report of compliance.

2. Ld. DR seeks for dismissal of the appeal for non compliance of the stay order.

3. Considered. The appellants have not pre deposited the amount. They have not produced the compliance report. In view of the matter, the appeal is dismissed for non compliance of the Stay order under Section 35 F of the Central Excise Act.