PER JUSTICE R.M.S. KHANDEPARKAR : When the matter was called out in the morning session, none appeared for the appellants. The matter was kept back. The matter was again called out at 4.15 PM. However, nobody has appeared on behalf of the appellants. Shri A.K. Rastogi, Departmental Representative, is present on behalf of the respondent. By order dated 31st March, 2009, applications filed for Condonation of Delay of 94 days and for stay of the impugned order, while condoning the delay, the appellants were directed to deposit a sum of Rs. 5 lacs by M/s Amar Engineering Works; Rs. 3 lacs by M/s Amar Auto; and Rs. Rs. 50,000/- by Shri Vijay Kumar within four weeks from the date of the order. Compliance report was required to be filed today.
2. Neither the appellants have appeared nor any compliance report filed as regards the deposits in terms of the stay order. Learned DR states that he has no intimation about any such deposits having been made by the appellants. Consequently, there is failure on the part of the appellants to satisfy the requirement of Section 35-F of the Central Excise Act, 1944 read with stay order dated 31st March, 2009 and as a result thereof the appeals are liable to be dismissed.
3. Accordingly, the appeals are dismissed for non-compliance of the obligation under Section 35-F of the Act read with the stay order dated 31st March, 2009 of the Tribunal. (JUSTICE R.M.S. KHANDEPARKAR) PRESIDENT (M. VEERAIYAN) MEMBER (TECHNICAL) Golay