M/S. Jain & Jayna Foams P. Ltd. vs Cce, Delhi on 28 May, 2001

ORDER

1. This is an application for waiver of pre-deposit of the penalty amount and for stay of recovery thereof, pending the appeal. As regards the prayer for waiver, the appellants must wait for the decision of the Larger Bench on the issue of maintainability of appeals involving modvat issues, referred from the case of Kissan Sahakari Chini Mills. Accordingly, the application is adjourned to 26.07.2001. However, in the interest of justice, there will be an interim stay of recovery of the amount till final disposal of the application. Issue certified copy.