Supreme Court of India · 2007-09-18
Bhavya Apparels Private Limited & Anr vs Union Of India & Anr
- Citation / case number
- AIR 2007 SC (SUPP) 950
- Court
- Supreme Court of India
- Petitioner
- Bhavya Apparels Private Limited & Anr
- Respondent
- Union Of India & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court interpreted Section 129E of the Customs Act, 1962, holding that non-compliance with a pre-deposit order does not automatically lead to dismissal of an appeal. The Court emphasized that the right to appeal must be protected and that the provisions regarding pre-deposit should be strictly construed. The Court overturned the High Court's dismissal of the appeal, asserting that the Tribunal has the authority to grant stays and that the consequences of non-compliance are not explicitly stated in Section 129E.