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2000 Supreme(SC) 1

R. P. SETHI, A. S. ANAND, DORAISWAMY RAJU, R. C. LAHOTI
Alpha Detergents Private LTD. – Appellant
Versus
Commissioner Of Central Excise – Respondent


ORDER

Heard learned Counsel for the parties.

2. Leave granted.

3. The short controversy in this appeal is with regard to the condition of pre-deposit for hearing the appeal by the appellate authority.

4. The order made by the appellate authority, to make a deposit of Rs. 30 lacs as against the total demand of Rs. 73,25,171/- within sixty days of receipt of that order as a pre-condition for hearing the appeal, was upheld by the learned Single Judge as also by the Division Bench of the High Court. We are not inclined to interfere with that direction, whichappears to be quite reasonable.

5. At this stage, learned Counsel for the appellant submits that though the Special Leave Petition was pending in this Court, the appellate authority dismissed the appeal (bearing A.No. 370/99) in default on 24th March, 1999 because the pre-deposit had not been made as directed. Mr. Harish N. Salve, learned Solicitor General appearing for the respondents, fairly submits that in case the pre-deposit of Rs. 30 lacs, as directed by the appellate authority and confirmed by the High Court, is made within six weeks from today, the respondents do not object to the appeal being restored by the appellate authority






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