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Judgment
Vinit Kumar Mathur, J
This application under Section 151 CPC read with Section 35G of the Central Excise Act, 1944 has been preferred on behalf of the applicant-appellant seeking clarification/modification in the order dated 25.08.2021 passed by this Court in D.B.Central Excise Appeal No.4/2021.
Learned counsel for the applicant-appellant has submitted that as per his statement before this Court on 25.08.2021 that the applicant-appellant is ready to abide by the condition of pre-deposit for the purpose of entertaining the appeal by the appellate authority, this Court remanded the matter back to the appellate authority for consideration of the appeal on merits.
Learned counsel for the applicant-appellant has further submitted that the applicant had earlier filed DB Civil Writ Petition No.9268/2019, wherein this Court vide order dated 06.09.2019 had determined a sum of Rs.50 lac as pre-deposit for the right of appeal before the CESTAT. It is, therefore, prayed that a specific amount of pre-deposit i.e. Rs.50 lac may be determined in this case also.
Having considered the facts and circumstances of the case, we deem it just and proper to determine the amount of pre-deposit payable by the applicant-appellant for consideration of the appeal to be heard on merits by the appellate authority.
Hence, it is ordered that the applicant-appellant shall deposit a sum of Rs.50 lac as pre-deposit within a period of fifteen days from today with the appellate authority for consideration of the appeal to be heard on merits by it.
The order dated 25.08.2021 passed in C.B.Central Excise Appeal No.4/2021 stands clarified/modified accordingly.
The application stands disposed of.