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2012 (11) TMI 1039 - ANDHRA PRADESH HIGH COURTRecall of order - ontravention of Rule 8 read with Section 4(1)(b) of the Central Excise Act, 1944 - Penalty - Held that:- Petitioner has not made out a case for judicial review since we find no error in the exercise of discretion by the CESTAT warranting interference. In the facts and circumstances and after duly considering the earlier and recurrent instances of lack of diligence exhibited by the petitioner, while considering his plea to afford one more opportunity to prosecute the application for recall of the final order dated 5-4-2010 of the CESTAT, we direct that on condition of the petitioner depositing ₹ 10,000/- (Rupees Ten thousand only) to the credit of the Union of India and made over to the first respondent within a period of two weeks from the date of receipt of a copy of this order, the CESTAT shall consider afresh the application of the petitioner - Decided partly in favour of assessee
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