TMI Blog1990 (3) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... ged before us that in the appeal preferred against the demand of Central Excise duty of Rs. 84,231.92 confirmed by the Assistant Collector, the Collector (Appeals), Central Excise, dismissed the application for stay of the said demand made by the petitioner without hearing it and thereafter dismissed the appeal itself for non-compliance with the condition of deposit of the excise duty under appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the result, the instant writ petition is allowed. The order of the respondent No. 2 dismissing the appeal filed by the petitioner is set aside and the appeal is restored to file on the condition that within one month from the date of this order, the petitioner shall deposit with the respondent No. 1 the undisputed amount of Rs. 47,262.79. The respondent No. 2 shall thereafter decide the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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