Queries raised by Bench not answered by Counsel at time of hearing - replying to query after order is passed by filing modification application cannot be entertained: CESTAT
THE Bench had directed the appellant to make a pre-deposit of Rs.25,82,211/- within a period of six weeks and report compliance.
Instead of complying with the order, the appellant filed a modification application submitting that when the case was heard on 05/08/2013, the Bench had raised certain queries to which the Counsel could not give any satisfactory reply. Inasmuch as since the Counsel wanted to give the reply now, therefore, the modification application has been filed.
The Bench observed -
"3. We find no merit in the modification application filed by the appellant. The Counsel should have answered the query raised by the Bench at the time of hearing of the stay petition. Replying to the query after the order is passed cannot be entertained and accordingly the modification application is dismissed. However, in the interest of justice, two weeks' time is granted to the appellant to make the pre-deposit and report compliance…"