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2013 (5) TMI 656 - HC - Central ExciseStay order passed by the CESTAT - undue hardship and prima facie case - the question that has to be considered is whether an order passed by the CESTAT in terms of Section 35-F of the Excise Act or Section 129-E of the Customs Act would be an order against which an appeal would lie. - held that:- there is enough confusion in different Courts as to how such an order should be dealt with. There has to be a clarity to a person approaching this Court as to which is the correct forum. There cannot be an element of doubt with regard to the forum to which a person is entitled to approach under the statute. - matter needs to be referred to larger bench.
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