TMI Blog2013 (12) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereby, the petitioner has preferred in May 2012 , an appeal No.E/1678/2012 before the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore (for short Tribunal') along with stay application No.E/1191/2012 and sought dispensing with the condition of pre-deposit of duty, interest and penalty apart from staying recovery of the same till the disposal of the appeal by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal. 7. Pursuant thereto, it is alleged by the petitioners that coercive steps for recovery have been initiated by the respondent including attachment/detention of property and goods belonging to the petitioners. The petitioner in W.P.No.5138 of 2013 has also filed a copy of a detention order dt.07-02-2013 passed by the 3 rd respondent detaining the property and goods of the petitioner there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals filed by them. 9. The learned counsel for the respondents have not disputed that there was, for a considerable time, a vacancy in the office of technical member in the Tribunal, but pointed out that recently the said vacancy has been filled up. 10. In view of the fact that there was a vacancy for considerable time in the Tribunal on account of absence of a technical member; and it was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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