TMI Blog1998 (5) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order per : S.K. Bhatnagar, Vice President]. - These are stay applications filed w.r.t. the Order-in-Appeal passed by Commissioner (A), Bhopal, dated 23-12-1997. 2. Ld. Representative of the appellants M/s. National Wire Industries stated that this is a common order-in-appeal passed with reference to the orders-in-original relating to five different parties but involving ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DR stated that although stay has been granted in the case of M/s. Sapna Wires and M/s. Prestige Wires as mentioned by the other side, it was the department's contention that the appellants have no case on merits. The issue relates to interpretation and application of exemption Notification No. 69/86, dated 10-2-1986. By this notification only enamelled wires of thickness of more than 6 mm were eli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case that the merits and demerits will have to be examined in details w.r.t. the facts and the case law at the time of hearing and looking to the totality of facts and circumstances and the prima facie case, and the financial position of the respective units, the order was passed. The present appellants have also claimed that they are an SSI unit suffering from severe financial crunch and have al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onditional stay is also granted in their case and they are directed to deposit Rs. 10,000/- within one month from the date of receipt of the order failing which their appeal would be liable to be dismissed without further notice. 10. The pre-deposit of the remaining amount in question is waived and its recovery stayed during the pendency of the appeal subject to the above compliance. 11.&em ..... X X X X Extracts X X X X X X X X Extracts X X X X
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