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2016 (4) TMI 837 - HC - Central ExciseRestoration of appeal pending before CESTAT - Respondent submitted that it has deposited ₹ 50,00,000/- and has accounted the remaining ₹ 50,00,000/- towards the CENVAT credit which is due to the first respondent - Held that:- provided the first respondent remits the balance amount of ₹ 50,00,000/- (Rupees fifty lakhs only) which is still due in terms of Ext.P5 judgment by making payments of ₹ 25,00,000/- (Rupees twenty five lakhs only) within a period of three weeks from today and the remaining amount of ₹ 25,00,000/- (Rupees twenty five lakhs only) within a further period of three weeks. The time frame fixed herein shall be treated as peremptory. If remittances as directed herein are not made, the Tribunal would not be obliged to take up the restoration application. Further proceedings on the basis of Ext.P9 notice will be kept in abeyance, initially for a period of three weeks awaiting deposit of ₹ 25,00,000/- as aforesaid, and if such amount is deposited, the same will be kept in abeyance for a further period of three weeks awaiting further deposit of ₹ 25,00,000/-. If both such amounts are deposited, Ext.P9 will stand deferred and would thereafter be guided by any decision that the CESTAT may issue on Ext.P7 restoration application or on the appeal, if it is, ultimately, restored by the CESTAT. - Appeal disposed of
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