TMI Blog2013 (12) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... sts of other creditors – Held that:- Considering the winding up process which is under way and the fact that the amount involved is interest on duty which is already paid - lenient view to be taken in the matter and waive pre-deposit of the dues – Pre-deposits waived till the disposal – Application for Restoration of Appeal allowed and Stay granted. - E/604/2010 - - - Dated:- 26-4-2013 - Shri. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s an official liquidator appointed by the High Court of Madras for selling the assets of the said company and paying the liabilities to various creditors on a proportionate basis. This matter does not appear to have been brought to the notice of the Tribunal while passing the stay order or the final dismissal order. Subsequently, the official liquidator filed Company Application No.40/06 in Comp. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liance of section 35F of the Central Excise Act, 1944 2. Consequently, the official liquidator has filed the present application seeking that pre-deposit may be waived and the appeal may be heard without insisting any pre-deposit. The main contention of the official liquidator is that there is not enough assets of the company to meet the full liabilities of the company and therefore payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Hon ble High Court, Madras, the Commissioner of Central Excise, Trichy, respondent in this appeal, was a party. The respondent Commissioner was not able to persuade the High Court to come to a conclusion that waiver of pre-deposit was not proper in this case. The High Court having directed the Tribunal to consider the application, if any, filed by the respondent, I consider it proper to take up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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