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2015 (1) TMI 628 - ALLAHABAD HIGH COURTClandestine removal of goods - Imposition of penalty - petitioner filed a recall application before the Tribunal stating that though the petitioner had no notice of the hearing before the Tribunal - The restoration application is pending - In the meantime, the Assistant Commissioner by an order issued directions for the detention of certain goods of the petitioner for the recovery of the outstanding dues - Held that:- There can be no objection to a direction that the recall application should be disposed of, one way or the other. However, the petitioner in our view, cannot claim a stay on the recovery proceedings merely because a recall application has been filed. Whether or not, the petitioner was prevented from appearing before the Tribunal for sufficient cause is a matter to be decided by the Tribunal itself and this Court cannot issue any direction as sought. Hence, we only direct, at this stage that the Tribunal may make all endevours to dispose of the recall application expeditiously and preferably within a period of two months from the receipt of a certified copy of this order. Any recovery made in the meantime, shall necessarily abide by the final result of the proceedings before the Tribunal. This, however, will not prevent the petitioner from applying before the Tribunal for such relief as is considered necessary. - Petition disposed of.
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