TMI Blog2012 (11) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,000/- (Rupees Ten thousand only) to the credit of the Union of India and made over to the first respondent within a period of two weeks from the date of receipt of a copy of this order, the CESTAT shall consider afresh the application of the petitioner - Decided partly in favour of assessee - Writ Petition No. 31645 of 2012 - - - Dated:- 21-11-2012 - Goda Raghuram and M.S. Ramachandra Rao, JJ. Shri D. Madhava Rao, Counsel, for the Petitioner. Shri A. Rajashekar Reddy, SC, for the Respondent. ORDER Heard Sri D. Madhava Rao, learned counsel for the petitioner and Sri A. Rajasekhar Reddy, learned Standing Counsel for Central Excise for the respondents. 2. The order dated 23-7-2012 passed by the fourth respondent-Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CESTAT passed final orders in the petitioner s appeal remanding the matter to the Commissioner (Appeals), to examine the petitioner s appeal on merits without insisting on pre-deposit. Eventually, the appellate authority partly allowed the appeal by the order dated 21-9-2006, set aside the imposition of penalty of ₹ 15,01,380/- under Section 11(A)(C) of the Act; the penalties imposed under Rules 26 and 27 of the Central Excise Rules, 2001 but declined to interfere with other impositions by the Order-in-Original. This order is alleged not to have been communicated to the petitioner and he filed Writ Petition No. 15086 of 2009 seeking a copy of the appellate order. In the Writ Petition, the respondents took the plea that the order was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CESTAT, on merits. 7. In the facts and circumstances and after duly considering the earlier and recurrent instances of lack of diligence exhibited by the petitioner, while considering his plea to afford one more opportunity to prosecute the application for recall of the final order dated 5-4-2010 of the CESTAT, we direct that on condition of the petitioner depositing ₹ 10,000/- (Rupees Ten thousand only) to the credit of the Union of India and made over to the first respondent within a period of two weeks from the date of receipt of a copy of this order, the CESTAT shall consider afresh the application of the petitioner i.e., ROM Application No. 37/2010 for recall of the final order dated 5-4-2010 in Appeal No. 709/2010. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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