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2015 (10) TMI 328 - CESTAT CHENNAI

2015 (10) TMI 328 - CESTAT CHENNAI - TMI - Maintainability of appeal - Non compliance with pre deposit order - Held that:- It is seen from the Revenue's EH application that appellants have not made predeposit of ₹ 75 lakhs as ordered by the High Court. There is no proof of deposit available on record. Therefore, appellant failed to comply with Hon'ble High Court's order [2014 (2) TMI 403 - MADRAS HIGH COURT]. Accordingly, the appeal is dismissed for non-compliance of High Court order - Dec .....

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in the appeal is ₹ 2,73,31,320/-. 2. On perusal of records, we find that this Tribunal vide Stay Order No.836/09 dt. 7.9.2009 directed the appellant to predeposit entire anti-dumping duty of ₹ 2,73,31,320/- within 8 weeks and report compliance on 16.11.2009. Against the stay order, appellant preferred a writ petition before the Hon'ble High Court, Madras. The Hon'ble Single Judge by order dt. 12.11.2009 in W.P.No.23063/2009 modified the predeposit order by reducing the predep .....

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e hearing of appeal. Subsequently, Hon'ble High Court dismissed the W.A.No.30/2010 on 31.7.2010 as reported in 2014 (299) ELT 310 (Mad.) and upheld the order dt. 12.11.2009 of learned Single Judge. The relevant paragraphs of the Hon'ble High Court's order are reproduced as under :- "17. Considering the question of pre-deposit or otherwise, only the prima facie case and balance of convenience is to be considered. The appellant is not only required, to plead undue hardship, but al .....

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