TMI Blog2003 (8) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... subject the right to certain pre-conditions. Section 129-E of the Act stipulates that no appeal under Chapter XV is competent unless the duty or penalty and interest in dispute is deposited. The condition is mandatory. - , in the instant case, except for financial difficulty, no other point is urged - the plea that an unconditional stay should be granted to them cannot be accepted - 7756 of 2001/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods, raw material, spares etc. under Notification No. 53/97-Cus., dated 3 June 1997 (as amended). On 17/18 May 1999, the Central Excise officers visited the factory premises of the company and found that a large number of capital goods, spares etc., imported duty free, were not available in the factory premises. According to the respondents, Mr. Anil Saxena, Managing Director of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r No. 2 under Section 112 of the Act. 3. Being aggrieved, the petitioners preferred appeals to the Tribunal with an application for stay of the demand. Vide order dated 20 April 2001, the Tribunal directed the petitioner company to deposit a sum of Rs. 28.5 lakhs and Anil Saxena, Managing Director, a sum of Rs. 2.5 lakhs, as a condition precedent for stay of remaining demand and for hearing of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restored and heard on merits. Nothing has been argued on the merits of the allegations against the petitioners. 5. On a consideration of the material on record and keeping in view the afore-noted stand of the petitioners, we do not consider it to be a fit case for interference with the impugned order passed by the Tribunal. It is true that right to appeal is a substantive right granted by the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifficulty, no other point is urged before us, we deem it unnecessary to restate these principles. In our view, the requirement of deposit of the amount in dispute being a condition precedent for entertaining the appeal, on the basis of a bald assertions that the petitioners are not in a position to deposit any amount, the plea that an unconditional stay should be granted to them cannot be accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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