Dilip Kumar Joshi vs Union of India

Shri R.L. Jain, learned Senior Counsel with Ms. Veena Mandlik, learned Counsel for the appellant. Shri Prasanna Prasad, learned Counsel for respondents.

It is submitted by the learned Counsel for the parties that this appeal is against the order whereby prayer for waiver of pre-deposit has been rejected.

During the course of arguments, learned Senior Counsel for the appellant has submitted that in view of the amendment which came into force in the month of [August] 2014 the appellant is required to deposit the 10% of the amount in question under Section 35F of the Central Excise Act, 1944. He submitted that the appellant is ready to deposit the aforesaid amount and is also ready to furnish solvent surety in respect of the rest of the amount to the satisfaction of the learned Tribunal.

Considering the aforesaid, we instead of deciding the appeal on merits, with the consent of the parties dispose of the present appeal with a direction to the appellant to deposit 10% of the amount and also furnish solvent surety in respect of the rest of the amount to the satisfaction of the learned Tribunal within a period of six weeks failing which, the stay granted by this Court shall automatically stand vacated without reference to this Court. With the aforesaid, IA No. 1645/2014 is disposed off.