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2008 (12) TMI 215 - HC - CustomsStay/Dispensation of pre-deposit - whether the appellant is not doing any gainful business and hence the direction for pre-deposit will lead to financial hardship to the appellant? - Held that:- In the case on hand, the capacity of the appellant to pay the amount having been noticed and in the absence of any financial burden, it cannot be construed that there is an undue hardship for the appellant to resort to claim waiver of pre-deposit. Therefore, the decisions, relied upon by the appellant, are not applicable to the present case. The plea of the appellant for waiver of pre-deposit cannot be countenanced. However, with a view to give the appellant an opportunity, we afford a further time of 15 days to deposit the amount of ₹ 8.00 lakhs, as ordered by the learned single Judge, if not already deposited.
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