- (1.) By means of present writ petition, the petitioners have sought for quashing of the order dated 28-6-2004 passed by the Custom & Service Tax Appellate Tribunal, New Delhi (hereinafter referred to as Tribunal) on the waiver and stay applications filed by the petitioners in Appeal No. E/1197-1199/04-NB(C) to the extent the Tribunal has refused to grant waiver and stay applications and directed the petitioners to deposit Rs. 10 lakhs.
(2.) It is not necessary to notice the facts in detail. The petitioners being aggrieved by the order passed by the adjudicating authority, filed the aforesaid appeal before the Tribunal. Along with the appeal, the petitioners filed the stay and waiver applications. On the date fixed, an adjournment was sought which was declined by the Tribunal. On the same day, by the impugned order dated 28-6-2004, the Tribunal has disposed of the waiver and stay applications directing the petitioners to deposit Rs. 10 lakhs on or before 30th of August, 2004. It has been provided that on deposit of the above-mentioned amount, the remaining amount of duty and penalty will remain stayed during the pendency of the appeal. Challenging the said order, present writ petition has been filed.
(3.) Heard Shri S.D. Singh learned counsel for the petitioners and Shri S.P. Kesarwani, learned senior standing counsel for the department.;