1995 (2) TMI 78

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..... al on petitioner's application for stay and waiver. 2.The relevant facts, necessary for the disposal of the writ petition may be stated. The petitioner is in the business of manufacture of `Pan Masala' and tobacco, A licence for dealing in the said trade has been granted to the petitioner. The facts disclosed in the file reveal that on 27-6-1990 a team of Central Preventive Officers, Central Exci .....

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..... 's case of financial hardship and, accordingly, modified the condition of pre-deposit of the entire duty and penalty imposed in the order passed by the Collector by providing that the petitioner should deposit a sum of Rs. 2,00,000/- towards duty which may be roughly 50% of the total amount of the duty and further directed to deposit a sum of Rs. 5,000/- towards penalty. The said amount was ordere .....

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..... icial reason may be expressed. The learned counsel has submitted that the petitioner has suffered huge losses and the factory of the petitioner was also gutted in fire which took place in the year 1991. The learned counsel has pointed out that after the fire the petitioner has not been able to recover any amount from the Insurance Company and the business, more or less has come to a standstill. It .....

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..... ancial hardship has been "pleaded by them". The Tribunal in such a case has not recorded any reason which may convince me that the relief granted by the Tribunal has any relationship with financial stringency pleaded by the petitioner. Since in the case the Tribunal has not given any reason to justify that on the pleaded facts of financial hardship the condition of depositing of Rs. 2,05,000/- is .....

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..... sel of the petitioner, can be granted. 9.Accordingly, it is ordered that in case the petitioner deposits a sum of Rs. 1,00,000/- in cash and furnishes security of Rs. 1,05,000/- other than Bank guarantee to the satisfaction of the Tribunal within one month from today then sufficient compliance of Tribunal's order would be taken as accomplished and the Tribunal shall hear the appeal on merits. To .....

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