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2008 (10) TMI 215 - HC - Central ExciseStay of recovery - pre-deposit - tribunal granted 50% stay - As per the law laid down by the Honorable Supreme Court it is incumbent on the part of the petitioner to establish that he would suffer undue hardship if the amount is recovered from him. Thus, the petitioner has not made out any case to dispense with the pre-deposit. However, the tribunal has taken a very lenient view to dispense with 50% of the amount demanded - Regarding maintainability of the writ petition, as pointed out by the Assistant Solicitor General, any order made under Section 35(F) is appealable to the High Court, which includes an order refusing to dispense with pre-deposit. But, the petitioner has not chosen to prefer any appeal and on this ground also the writ petition is liable to be dismissed
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