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2010 (9) TMI 202 - HC - Central ExciseNoncompliance of the order directing pre-deposit - The order directing pre-deposit was a subject matter of challenge in Writ Petition No. 2195/2009 filed before this Court. During the pendency of the said petition, appeal was dismissed by the Tribunal vide order dated 11th June, 2010 for non-compliance of the order of pre-deposit. Consequently, Writ Petition No. 2195/2009 came to be dismissed vide order 21st June, 2010 holding it to be infructuous. Now under order dated 6th August, 2010, the respondents have attached the goods of the appellant. The appellant has now filed present appeal challenging the orders dated 11th June, 2010, 3rd September, 2009 together with attachment order dated 6th August, 2010 and prayed for interim reliefs in terms of prayers made in the appeal. - Held that: - the appellant was guilty of keeping the petition pending for seven months and not obtaining appropriate orders from the writ Court. It was not obligatory on the Tribunal to grant further time for compliance of order of pre-deposit without there being any such request from the appellant before expiry of the time already fixed by it. The appeal was, thus, rightly dismissed for non-compliance of the order of pre-deposit.
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