- (1.) THERE was a delay in making predeposit of Rs.45,00,000 in the pending matter before the Customs, Excise and Service Tax Appellate Tribunal, Mumbai, (for short "CESTAT") being Appeal No. 796 of 2006. Consequently, on 23-1-2008, CESTAT dismissed Appeal No. 796 of 2006. Be that as it may, the position today is that the assessee has made the predeposit after a lapse of about sixteen months on 20-5-2009.
(2.) IN the facts and circumstances of this case, we hereby direct the petitioner (the assessee) to pay interest @ 9% on Rs.45,00,000 for the period 11-1-2008 up to 20-5-2009 on Rs.45,00,000 within two weeks from today to the Department. On payment of the said amount, we direct CESTAT to expeditiously hear and dispose of Appeal No. 796 of 2006 preferred by the assessee, preferably within six to eight weeks. Before concluding, we may clarify that the amount of approximately rupees twenty crores is lying deposited in the High Court on account of some inter se dispute in Suit No. 645 of 2006. We make it clear that this order will not have any effect on the pending suit and the said amount of rupees twenty crores shall remain deposited in the High Court till the disposal of Appeal No. 796 of 2006 by CESTAT. Interlocutory application is accordingly disposed of.;