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2013 (5) TMI 377 - HC - Central ExciseInitiation of recovery proceedings - Circular dated 1.1.2013 - Interlocutory Application is pending by the Appellate Authority, no order passed either directing stay or refusing stay. - Recovery to be initiated 30 days after the filing of appeal, if no stay is granted or after the disposal of stay petition in accordance with the conditions of stay, if any specified, whichever is earlier. Held that:- Petitioner, not being the cause for the Appellate Authority not to hear and pass orders on interlocutory applications. The UOI must refrain from initiating recovery proceedings in respect of the amounts due in terms of the order impugned in the appeals until final orders are passed in appeals or orders on interlocutory applications for stay. Thus, these petitions are disposed of with a direction to the Appellate Authority to consider and pass orders on the interlocutory applications for stay as expeditiously as possible and until such time, the third respondent is refrained from initiating recovery proceedings.
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