TMI Blog1991 (9) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... undaram, SDR, for the Respondent. [Order per: G.P. Agarwal, Member (J)]. Being aggrieved with the impugned Detention Order issued by the Assistant Collector, Central Excise Division, Bhilai, the appellants have filed their present appeal. 2. At the initial stage, when the present appeal was received in the Registry it was noticed by the Registry that since the present appeal has been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 11/80/T.I. 68, dated 31st March, 1981 remained unpaid despite repeated requests by the Department. Accordingly, the appeal papers as well as the demand draft for Rs. 200/- received with the appeal as fees was returned to the appellants by the Registry, vide its letter dated 7th November, 1990 (F. No. l/Misc/89-CR). However, it appears that on receipt of the said appeal papers back, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instead of showing any provision of law admitted that the said Adjudication Order-in-Original No. 11/80/T.I. 68 dated 31st March, 1981 adjudicating the demand of duty of Rs. 1,64, 157.98 was passed by the Collector of Central Excise, Indore, and the appeal against the said Order lay to the Board of Excise Customs, New Delhi, and therefore, appeal was filed against the said Adjudication Order bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1981, passed by the Collector of Central Excise, Indore, and the same is pending (a fact not admitted by the other side), Shri N.L. Srivastava, learned Consultant, had no answer. In reply, Smt. JMS Sun-daram, learned SDR, without admitting that the appellants have filed any appeal before the Board of Excise Customs, New Delhi, and the same is pending, submitted that according to the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicating Order-in-Original dated 31st March, 1981, passed by the Collector of Central Excise, Indore, we are of the opinion that the present appeal is not maintainable, more particularly, when it is not a case of the appellants that the said Adjudication Order-in-Original dated 31st March, 1981 has been set aside by any Appellate Authority. 6. In the result, the appeal is dismissed as no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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