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2015 (1) TMI 717 - HC - Central ExciseExtension of stay order - Held that:- It is pertinent to mention that when the Co-ordinate Bench of this Court passed the order [2013 (9) TMI 778 - KARNATAKA HIGH COURT] the 3rd proviso was not brought to the notice of the Court. According to the 3rd proviso to sub-section (2A) of Section 35C of the Act, an application could be made to the Tribunal by a party and on being satisfied that the delay in disposing of the appeal is not attributable to such party, extend the period of stay to such further period as it thinks fit not exceeding one hundred and eighty-five days and in case the appeal is not so disposed of within the total period of three hundred and sixty-five days from the date of order referred to in the first proviso the stay order shall, on the expiry of the said period, stand vacated. In view of the said proviso, the appellant can move the Tribunal either for vacating stay or for disposal of the appeal as the case may be. - Appeal disposed of.
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