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2009 (8) TMI 206

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..... is neither capable nor intends to abide by the aforesaid pre-deposit order. - The petitioner before us contends that the appeal could not have been dismissed. In our opinion this is totally misuse by the petitioner herein of the extra ordinary jurisdiction of this Court. After making a statement before the Tribunal that they will not abide by the order of pre-deposit such a petitioner cannot move .....

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..... within 456 days from the date of the order failing which the Appeal would be dismissed on that ground alone. 3. The petitioner herein did not comply with the said direction, but on 6th February, 2006 moved a Miscellaneous Application for Review/Modification of the order dated 13th May, 2005. By order of 18th July, 2008 after hearing the parties the learned Tribunal was pleased to observe in para .....

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..... rewithal with them to deposit the penalty. On behalf of the appellant company this is what was contended by the learned Counsel before the Tribunal. According to him, the appellant company is neither capable nor intends to abide by the aforesaid pre-deposit order. In para 9 thereafter the Tribunal dismissed the appeal for non-compliance of the order dated 13th May, 2005. 6. The petitioner befo .....

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