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2016 (6) TMI 361 - DELHI HIGH COURT

2016 (6) TMI 361 - DELHI HIGH COURT - TMI - Dismissal of appeal - failure to make pre-deposit of ₹ 5 lakhs as per the order of Commissioner (Appeals) - CESTAT declined to interfere - Appellant on subsequent to the dismissal of appeal deposited a sum of ₹ 2 lakhs as pre-deposit and prayed to take it sufficient for a pre-deposit amount for the appeal to be heard on merits - Held that:- this court set asides the impugned order of the CESTAT as well as the order of the Commissioner (Appe .....

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hatia, Advocate. For the Respondent: Mr Satish Kumar, Senior Standing Counsel with Ms Resmitha, Advocate. O R D E R CM No. 10749/2016 (Exemption) 1. Allowed, subject to all just exceptions. 2. The applications stand disposed. CM APPL. 10750/2016 & SERTA 7/2016 3. Notice. Mr Satish Kumar, learned Senior Standing counsel for the Respondent accepts notice. 4. This is an appeal against the order dated 26th .....

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Appellant had failed to make the pre deposit of ₹ 5 lakhs as per the order dated 15th July, 2013 Commissioner (Appeals). The Appellant sought modification of the said order but the Commissioner (Appeals) declined the request. 6. The CESTAT has, in the impugned order, declined to interfere with the dismissal of the appeal by the Commissioner (Appeals) on the ground that the order was impeccable . 7. The learned counsel for the parties have been heard. The Court is info .....

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