Judgements

Bap Oxygen Filling Unit vs Commissioner Of Central Excise, … on 10 September, 2001

Customs, Excise and Gold Tribunal – Calcutta
Bap Oxygen Filling Unit vs Commissioner Of Central Excise, … on 10 September, 2001
Equivalent citations: 2002 (147) ELT 292 Tri Kolkata


JUDGMENT

Archana Wadhwa

1. The appellants were directed to deposit an amount of Rs. 1.00 lakh (Rupees one lakh) within a period of six weeks from the date of passing of the Stay Order No. S-423-431/KOL/2001 dated 3.7.2001.

2. The matter was listed for compliance on 21.8.2001. Inasmuch as the Stay Order was not complied with, registry was directed to issue notice to the appellants to show cause as to why their appeal be not dismissed for non-compliance. The appellants’ advocate, Shri D.K. Sinha took note of the above directions on 6.9.2001 under his signature appearing on the notice of hearing.

3. On matter being called today for ascertaining compliance, neither anybody has appeared on behalf of the appellants not is there any compliance report. Accordingly, we dismiss the appeal for non-compliance with the provisions of Section 35F of Central Excise Act, 1944 read with Stay Order referred supra.

Dictated in the open court.