Vimal Arora, Vice President Indoworth India Ltd. Vs. Commissioner of Customs and Central Excise, Nagpur - Court Judgment

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CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided OnJul-26-2010
Case Number Appeals E/396/09 & E/1405/09 arising out of order-in-original No 27-29/2008/C dated 31.12.2
Judge THE HONOURABLE MR. P.G. CHACKO, MEMBER (JUDICIAL) & THE HONOURABLE MR. S.K. GAULE, MEMBER (TECHNICAL)
AppellantVimal Arora, Vice President Indoworth India Ltd.
RespondentCommissioner of Customs and Central Excise, Nagpur
Advocates:For the Appellant : ------- For the Respondent : Manish Mohan, Senior Departmental Representative.
Excerpt:
per: p.g. chacko, member (j) we have directed the appellant to pre-deposit an amount of rs 5 crores within four weeks from the date of receipt of order no. s/132-135/wzb/mum/2010/eb/c-ii dated 13.5.2010. the party received the order on 24.5.2010. they were required to report compliance today. there is no evidence of the amount having been deposited, nor any request for extension of time to deposit, nor any stay order produced from the jurisdictional high court. in the circumstances, appeal no. e/396/09 and appeal e/1405/09 filed by m/s indoworth (india) ltd are dismissed for non-compliance with section 35f of the act. the stay petitions filed by shri s.n. maheshwary in appeal nos e/397/09 and e/1406/09 are posted to 13.8.2010 for fresh hearing and disposal.
Judgment:

Per: P.G. Chacko, Member (J)

We have directed the appellant to pre-deposit an amount of Rs 5 crores within four weeks from the date of receipt of order No. S/132-135/WZB/Mum/2010/EB/C-II dated 13.5.2010. The party received the order on 24.5.2010. They were required to report compliance today. There is no evidence of the amount having been deposited, nor any request for extension of time to deposit, nor any stay order produced from the jurisdictional High Court. In the circumstances, appeal No. E/396/09 and appeal E/1405/09 filed by M/s Indoworth (India) Ltd are dismissed for non-compliance with Section 35F of the Act. The stay petitions filed by Shri S.N. Maheshwary in appeal Nos E/397/09 and E/1406/09 are posted to 13.8.2010 for fresh hearing and disposal.