Prakash Krishna, J. - (1.) This petition is directed against the order dated 22 March, 2001 passed by the respondent No. 1 in appeal No. C/37/2001-NB. By the said order the application of the petitioner for stay-cum-waiver has been rejected ex-parte. On the perusal of the order of the respondent No. 1 it appears that a notice fixing the date was served on the petitioner. The petitioner made an endorsement on the copy of the notice to the effect that the business partner is on export promotion tour and busy in personal matter. It was prayed by the said endorsement that next date for personal appearance be fixed in the last week of May, 2001.
(2.) The Tribunal refused to adjourn the case and proceeded to decide the waiver-cum-stay application ex-parte. The Tribunal directed the appellants to pre-deposit the full duty amount of Rs. 24,876 within a period of 8 weeks from the date of receipt of this order. On deposit of the aforesaid amount, Rs. 2 lakhs will be waived and recovery will be stayed till the disposal of the appeal.
(3.) This Court by the order dated 21st May, 2001 directed that till the next date of listing, the appeal filed by the petitioner shall not be dismissed on the ground of non-compliance of the order dated 22nd March, 2001. I have been informed that the said appeal is still pending.;