TMI Blog2014 (6) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted a further period of 'six' weeks from the date of receipt of a copy of the judgment to effect the pre-deposit, as ordered by the appellate Forum, upon which the appeal preferred by the petitioner shall be considered and entertained on merits. The recovery proceedings shall be kept in abeyance till such time - Decided conditionally in favour of assessee. - WP (C). No. 6485 of 2014 (I) - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the cost of these proceedings to the petitioner. 2. In the course of the proceedings, it is brought to the notice of this Court that the appeal filed by the petitioner before the concerned authority has already been dismissed for non-satisfaction of the pre-deposit as ordered by the appellate authority/Tribunal vide Ext.P5 order dated 10.03.2014, a copy of which has already been produced al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same is equally applicable to the context herein as well, submits the learned Standing Counsel. 4. The decision rendered by the Division Bench of the Madras High Court in Metal Weld Electrodes vs. CESTAT, Chennai (2014 (299) ELT 3 (Mad.) with reference to the very same provision i.e. Section 35G of the Central Excise Act is brought to the notice of this Court, where the issue has been deal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is granted a further period of 'six' weeks from the date of receipt of a copy of the judgment to effect the pre-deposit, as ordered by the appellate Forum, upon which the appeal preferred by the petitioner shall be considered and entertained on merits. The recovery proceedings shall be kept in abeyance till such time. So as to facilitate such exercise, Ext.P5 order passed by the appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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