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1998 (9) TMI 671 - SUPREME COURT OF INDIA

1998 (9) TMI 671 - SUPREME COURT OF INDIA - AIR 1999 SC 3468, 1999 ECR 183 SC, 1999 (103) E.L.T. 5 SC, (1999) 1 SCC 259 - Dated:- 11-9-1998 - K. Venkataswami And A.P. Misra, JJ. ORDER K. Venkataswami 1. Leave granted. 2. This appeal is preferred against the order dated 24th November, 1997 of the Andhra Pradesh High Court in Writ Petition No. 31031 of 1997. Having regard to the nature of the controversy, it is not advisable to go into the merits of the case at this stage. The grievance of the app .....

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was an ex parte one. When an appeal was preferred before the 2nd respondent with a prayer to dispense with the pre-deposit as laid down under Section 35F of the Central Excise Act, the appellant was directed by order dated 7-11-1997 to pay the full excise duty amount of ₹ 5,17,76,163/- for entertaining and hearing the appeal. 3. Aggrieved by the order of the 2nd respondent, the appellant moved the High Court under Article 226 of the Constitution and the High Court while reducing the amount .....

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