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2016 (11) TMI 296 - AT - Central ExciseDemand of pre-deposit - jurisdiction of the tribunal - Held that:- The appellant-company is a sick company and further operating agency have been appointed on 15-9-2015 by BIFR and feasibility study is under progress. Accordingly, we modify the earlier stay order and grant full stay of the adjudication dues including interest and penalty till disposal of the appeal. Further, it appears that the issue is apparently covered by the Ruling of Hon’ble Supreme Court in the case of Moti Laminates Pvt. Ltd. reported in (1995 (2) TMI 67 - SUPREME COURT OF INDIA ), we direct the registry to list the appeal for final hearing in the month of March/April, 2016. Notice to be issued to all the appellants as appeared in the stay order dated 28-5-2014. Also considered the submissions on the question of jurisdiction of this Tribunal pursuant to bifurcation and creation of this Bench and in view of the separate Commissionerate constituted at Dehradun in the State of Uttarakhand. We are satisfied that jurisdiction of the Tribunal is to be determined with respect to the first adjudication order passed by Central Excise authority. As the first adjudication order in this case have been passed by the Central Excise authority at Meerut, accordingly we hold that this Tribunal has got jurisdiction to hear this appeal.
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