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2013 (7) TMI 438 - CESTAT BANGALORERecovery proceedings despite stay order - supply of stay order - Summon to Superintendent by the CESTAT to witness - Certified copy of Stay Order not supplied to the concerned Departmental Officer - Instead of any certified copy of the ad interim stay order dt. 07/03/2013, what was supplied to the Superintendent on 08/03/2013 was Appendix XXVI with the words "Ad interim stay granted" scribbled by the appellant on its left-hand side margin – Held that:- “The Superintendent of Central Excise and Customs, Kakinada came all the way to Bangalore and stayed in the city overnight in order to answer our summons. He is present before us in his official uniform and has been introduced to us by the Commissioner (AR). He has been constrained to keep away from his official duties for two days on account of the reprehensible conduct of the appellant. From the submissions made before us, we are satisfied that the Superintendent's presence in the Court today was not warranted in the correct facts and circumstances of this case” - Appellant to pay costs of the respondent(Department) – Directed appellant to deposit a sum of Rs.10,000/- (Rupees ten thousand only) with the Government under the appropriate head - The witness discharged.
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