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2013 (12) TMI 1237 - HC - Central ExciseVacancy due to retirement in the Tribunal Stay application could not be taken up Held that:- There was a vacancy for considerable time in the Tribunal on account of absence of a technical member and it was not functioning till very recently for that reason - although a new member is appointed to fill the said vacancy, it would still take time for it to deal with all the pending stay applications in the appeals which have been filed before it since the said vacancy arose the respondents are restrained from making recovery of the disputed duty, interest and penalty from the petitioners Decided in favour of Petitioner.
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