JUDGMENT
Lajja Ram
1. For hearing the present appeal, the appellants, M/s. Ravi High-Tech Limited are required to predeposit the duty amount of Rs. 6,39,581.04 (Rupees six lakh thirty-nine thousand five hundred eighty-one and pase four) and penalty amount of Rs. 1.00 lakh (Rupees one lakh). As per the Order passed by the Deputy Commissioner of Central Excise, an amount of Rs. 1.00 lakh (Rupees one lakh) had already been paid by the assessee on 9.8.97. Thus for hearing the appeal, they are required to deposit Rs. 5,39,581.04 (Rupees five lakh thirty-nine thousand five hundred eighty-one and paise four) as duty. Shri K.K. Bhattacharjee, learned Consultant submits that while the appellants are not disputing their duty liability, they are a sick unit and refers to the Order dated 15.5.98. from the Board for Industrial and Financial Reconstruction.
2. We find that in the present proceedings, the Order-in-Original was passed on 29.2.2000, while in the Order dated 15.5.98, there is a reference to the coercive measure taken by the Assistant Commissioner of Central Excise at that time. Obviously, the Order of the B.I.F.R. does not relate to the present proceedings. In view of the admitted duty liability, we direct the applicants to deposit the full duty amount of Rs. 5,39,581.00 (Rupees five lakh thirty-nine thousand five hundred eighty-one) within a period of eight weeks from today. On depositing the above duty amount, the predeposit of the penalty amount will be waived and recovery stayed till the disposal of the appeal. It is made clear that if the above sum is not deposited within the period stipulated above, then the appeal will be dismissed for non-compliance without any further reference to the appellants. To come up for noting compliance and further Orders on 28.11.2001. Subject to compliance the main appeal will also be taken up for regular hearing on 28.11.2001.
Dictated in the open court.
Order Accordingly.