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2009 (8) TMI 97

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..... eposit of Rs. 2 crores under order dated 22-5-09 - ST/259/2009-Cus. (BR) - ST/89/2009(PB), - Dated:- 7-8-2009 - Justice R.M.S. Khandeparkar, President and Shri M. Veeraiyan, Member (T) Shri Ashok Batra, C.A., for the Appellant. Shri Surender Shah, DR, for the Respondent. [Order per: Justice R.M.S. Khandeparkar, President (for the Bench) (Oral)]. - Heard the learned advocate for the appellant and learned DR for the respondent. By order dated 22-5-09 [2009] (16) S.T.R. 52 (Tri.-Del.)}, the appellants were directed to deposit Rs. 2 crores 6 weeks from the said date. 2. It is the case on behalf of the appellant that the appellant being aggrieved by the said order approached the High Court in Writ Petition No.10226 /2009 and b .....

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..... D.N.Panda Member (Technical) Member (Judicial) 29-7-09 Let matter come on 7-8-09. Ld. Counsel has filed a challans for Rs. 20.00 lakhs (Rupees Twenty lakhs) only. Sd/ Sd /- Rakesh Kumar D.N.Panda Member (Technical) .....

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..... this Tribunal had been subject matter of a judicial review before the Delhi High Court, and High Court having refused to interfere therein by passing a speaking order, question of Tribunal reviewing or modifying its order does not arise at all. Being so, and since the records nowhere disclose any such review or modification of the order dated 22-5-09, it is difficult to accept the contention on behalf of the appellant that on 27-7-09 there was direction by the Tribunal to deposit Rs. 20 lakhs inspite of direction given for deposit of Rs. 2 crores under order dated 22-5-09. 10. For the same reason, it is difficult to accept the contention of alleged direction of Rs.10 lakh under alleged order dated 29-7-09. Records nowhere disclose any suc .....

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