TMI Blog2004 (10) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... Standing Counsel Shri Jitendra Malkan for the respondents. At the request of the learned Advocates, the petition is finally heard today. 2.As an appeal filed by the petitioner is pending before the Commissioner (Appeals) of Central Excise and Customs, Vadodara and the issue involved in this application is only with regard to the amount of pre-deposit, we would not like to say anything on the mer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Sterlite Industries (India) Limited v. Union of India, S.C.A. No. 11489 of 2004. We have considered the said argument. However, looking to the facts of the case, we are of the opinion that the discretion had not been properly exercised by the Commissioner (Appeals) for the reasons stated hereinbelow. 5.Upon hearing the learned Advocates and looking to the facts of the case, it appears tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 8 weeks from today. After the said amount is deposited, the Commissioner (Appeals) of Central Excise Customs shall hear the appeal and shall make an effort to dispose it off as soon as possible. Learned Advocate appearing for the petitioner has assured this Court that the petitioner shall extend full co-operation to the Commissioner (Appeals) so that the appeal can be decided at any early date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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