1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION T. NO.119 OF 2010 IN CENTRAL EXCISE APPEAL NO.8 OF 2010 (M/s. Indoworth India Ltd. vs. Customs, Excise and Service Tax Appellate Tribunal and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. S/Shri Rupesh Kumar and S.G. Shukla, Advocates for appellant. Shri S.K. Mishra, Assistant Solicitor General for respondents. -------- CORAM : J.P. DEVADHAR AND P.B. VARALE, JJ. DATED : OCTOBER 11, 2010 Heard learned Counsel for the parties. Pursuant to the voluntary statement made by the Senior Vice President of the appellant Company, who was present in the Court, an order was passed by this Court in the above appeal on 18/8/2010. By the said order, the statement that the appellant will deposit rupees two crores with the Department within six weeks from the said date was 2 recorded. Admittedly, the said amount has not been deposited by the appellant. By this civil application, the appellant seeks modification of the order dated 18/8/2010, inter alia on the ground that the financial position of the appellant is precarious and all the assets including plant and machinery and building have been taken over by the Asset Reconstruction Company (India) Ltd. Admittedly, all these facts were within the knowledge of the Senior Vice President, when he made the statement before this Court that appellant would deposit rupees two crores within six weeks. In our opinion, the civil application is totally misconceived and hence, the same is rejected. JUDGE JUDGE khj