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2009 (10) TMI 772 - HC - Central ExciseWaiver and stay applications - Held that:- Taking into consideration the entire facts and circumstances of the case, it is provided that on a deposit of ₹ 10,000/- as cost with the adjudicating authority at Kanpur within a period of two weeks, it shall be open to the petitioners to approach the Tribunal along with the certified copy of this order and the receipt of the deposit of ₹ 10,000/-. If such an application is filed before the Tribunal, the Tribunal shall hear and re-examine the waiver and stay applications on merits after giving an opportunity of hearing to the petitioners in the light of the observations made above, in accordance with law. It is made clear that if the petitioners fail to deposit the cost as stipulated above within the stipulated period of time, the present writ petition shall stand dismissed. If the petitioners comply with the order of this Court, the Tribunal shall rehear and redecide the stay and waiver application preferably within a period of two months. It has been brought to our notice that due to non-compliance of the impugned order, the appeal filed before this Court has been dismissed. Since the said order has been set aside, the appeal is also restored back to its original number subject to the fulfilment of the above conditions.
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