TMI Blog2014 (6) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... e application on 18th April 2012. Therefore, on the Appellant's written request, the matter was postponed to 18th April 2012. On the postponed date, none appeared on behalf of the Appellant meaning thereby both the Appellant and Advocates were absent. In such circumstances, the Tribunal cannot be faulted for proceeding ex-parte. Waiver of pre deposit - Clandestine production and removal of good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... labawalla, JJ. For the Appellant : Mr Rahul D Motkari For the Respondent : None JUDGEMENT:- The Appellant is aggrieved and dissatisfied with the order passed by the Tribunal dismissing an application to modify its earlier interim direction. By the order under challenge delivered on 18th April 2012, the Tribunal dismissed the Miscellaneous Application for modification of its earl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication on 18th April 2012. Therefore, on the Appellant's written request, the matter was postponed to 18th April 2012. On the postponed date, none appeared on behalf of the Appellant meaning thereby both the Appellant and Advocates were absent. In such circumstances, the Tribunal cannot be faulted for proceeding ex-parte. 4. Mr. Motkari, then, sought to argue that the interim direction in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- out of the total demand of Rs.2,30,36,528/- can be said to be unreasonable, arbitrary, leave alone capricious, enabling us to exercise our jurisdiction. The Appeal does not raise any substantial question of law and it is, accordingly, dismissed. 6. In the event, the Appellant deposits a sum of Rs.38,00,000/within a period of eight weeks from today and reports compliance, the Tribunal shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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