TMI Blog2007 (7) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2.65 crore - Tribunal also observed that it appears that the assets of the appellants are systematically getting eroded by passage of time – there is no reason to interfere with the order of tribunal - 150 of 2006 with 74 & 75 of 2006 - - - Dated:- 3-7-2007 - H.L. Gokhale, C.J. and R.K. Agrawal, J. [Order ]- P.C. : 1. Heard Mr. Pramod Kumar Jain, appearing for the appellant and Dr. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount required as pre-deposit for entertaining the appeals which were then considered by the learned Single Judge of this Court. The common order dated 5th October, 2000 passed by the Commissioner of Customs Central Excise, Meerut-II was under challenge before the Tribunal. The Tribunal had directed the first appellant - Ashwani Kumar Jain to pre-deposit an amount of rupees one crore, M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd three months time was sought for depositing the amount and till that time recovery proceedings were sought to be stayed. The learned Single Judge, however, had accepted the offer of the petitioners and granted an opportunity to apply before the Tribunal for consideration to deposit the amount and for consideration of the entire matter by the Tribunal [2005 (180) E.L.T. 155 (All.)]. When the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to revive the proceedings made without making any pre-deposit. The order is a detailed order. 4. Mr. Pramod Kumar Jain, learned counsel for the appellants submitted that the appellants had a good case on merit. If the appellants had any such merit, as claimed the writ petition should have been decided in that way but the learned Single Judge dismissed the writ petition earlier and on that occa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal. At the same time the Tribunal has also observed in paragraph 17 that from the pleadings of the appellants it appears that the assets of the appellants are systematically getting eroded by passage of time. Considering all that factors the Tribunal had declined to entertain the appeals preferred without making any pre-deposits and had insisted, in our view rightly, that the appellants should h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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