The petitioners challenge an order dated 31/10/1980 passed on the application for waiver of pre-deposit of a duty of Rs. 14, 58, 530.46 p. and a penalty of Rs. 1 lakh levied on them by the Collector of Central Excise, Madurai, the second respondent herein.

2.After considering the case of the petitioners, the Tribunal directed the petitioners to make a pre-deposit of a sum of Rs. 7 lakhs. The Tribunal has decided that the issue with regard to the levy of duty has to be gone into the main case and after taking into consideration the balance sheet of the petitioners, the Tribunal found that a sum of more than Rs. 1.08 crores is due to the petitioners, in addition to a sum of more than Rs. 44.62 lakhs available by way of advances and deposits and the Tribunal thought it fit to pass an order directing the petitioners to make a pre-deposit of Rs. 7 lakhs.

3.I have heard Mr. T.K. Seshadri, learned counsel appearing for the petitioners and Mr. A.S. Venkatachalamurthy, learned Additional Government Pleader (Writs) appearing for the Central Excise.

4.I am of the view that the Tribunal has gone into the question in tangent taken into consideration the outstanding which come to more t