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2014 (11) TMI 911 - HC - CustomsApplication for stay - Suspension of CHA License - Tribunal declined to stay order stating that the entire issue should be considered at the time of hearing of the appeal - Held that:- A perusal of the order of the Tribunal shows that none of the plea with reference to prima facie case has been considered by the Tribunal. All that the Tribunal held is that the challenge to the impugned order on perversity will be decided after examining the evidence in detail at the time of hearing of the appeal and therefore, the stay application was disposed of and the early hearing application was dismissed as infructuous. We also find that the Tribunal has not considered the prima facie case for considering the interlocutary application sought for by the applicant. To that extent, the prejudice and hardship pleaded by the appellant justifies the filing of the present Civil Miscellaneous Appeal before this Court - matter remanded back - Decided in favour of appellant.
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