2003 (12) TMI 77 - HC - Central Excise

Summary

Issues:
1. Pre-deposit amount determination by CESTAT for appeal hearing.

Analysis:
The petitioner, represented by Mr. Amar Dave, sought guidance on the pre-deposit amount required for the appeal hearing before the CESTAT. It was noted that a previous order by CEGAT mandated a pre-deposit of Rs. 35 lakhs by a specific company, but the petitioner, along with the company, contested this requirement. Despite their efforts, the Supreme Court ruled against waiving the pre-deposit but allowed the concerned parties to approach the Tribunal for additional time to make the deposit.

The petitioner expressed the intention to fulfill their share of the pre-deposit amount once determined. To achieve this, they planned to submit a modification application before the CESTAT for the assessment of the required deposit. The court expressed confidence that such an application would be considered on its merits and not rejected on procedural grounds, with an expectation for a decision within a month of filing.

Consequently, Mr. Amar Dave, on behalf of the petitioner, requested permission to withdraw the current petition to enable the filing of the appropriate application before the CESTAT within two weeks. The court granted this request, leading to the disposal of the petition as withdrawn.