TMI Blog2006 (4) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... s, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai (hereinafter referred to as 'the Tribunal'). These two orders were passed by the Tribunal on 22nd August, 2005 and 16th November, 2005. By the order dated 22nd August, 2005, the Tribunal have rejected the petitioner's application for complete waiver of pre-deposit but partially granted the application by asking the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posit any amount. He also submitted that since the order dated 22nd August, 2005 passed by the Tribunal did not specifically deal with this aspect, the application for modification was made but without disposing of the said application, the appeals have been dismissed by the order dated 16th November, 2005. It was, thus, submitted by the learned counsel for the petitioner that the Tribunal did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dly, Section 22 of the Sick Industries Act, provides relief in regard to the proceedings which relate to (a) winding up of the industrial company; (b) execution, distress or the like against any of the properties of the industrial company, (c) the appointment of a receiver in respect thereof, and (d) proceeding in regard to suit for recovery of money or for the enforcement of any security against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the company has not been able to make out a case of complete waiver of pre-deposit, the financial aspect of the company vis-a-vis undue hardship was kept in mind and considering the financial hardship pleaded by the company on the ground that it was sick industrial company, the Tribunal asked the petitioner to pre-deposit an amount of Rs. 1,40,00,000/- towards duty in place of the deman ..... X X X X Extracts X X X X X X X X Extracts X X X X
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