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2013 (6) TMI 117 - HC - Central ExciseAutomatic dismissal of appeal - Tribunal dismissed the appeal for non compliance of stay order by another party - whether non deposit of pre-deposit would lead to automatic dismissal of appeal - held that:- The Tribunal while adjudicating the stay application of the petitioner had waived the condition of pre-deposit fully. However, M/s. VAL has been directed to deposit Rs. 2.5 crores as a pre-condition for hearing the appeal. In such a situation, the Tribunal was not justified in holding that failure to deposit Rs. 2.5 crores by M/s. VAL would automatically result in dismissal of appeal of the petitioner. Law fastens liability on the defaulter and it is the defaulter who can be penalized for its own act unless otherwise expressly provided under any statutory authority. The respondents have failed to show any provision of law or statutory authority whereby the non-deposit of amount by M/s. VAL would entail automatic dismissal of appeal of the petitioner when the condition of the pre-deposit in the case of the petitioner has been waived completely. Tribunal was not right in ordering that the appeal of the petitioner shall stand automatically dismissed in case the amount by M/s. VAL as directed by the Tribunal is not deposited.
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