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2015 (12) TMI 1198 - AT - CustomsRevocation of CHA Licence - Held that:- under Rule 41, this Tribunal has limited power to exercise and pass any order to give effect in relation to its order or to prevent abuse of its process order to secure end of justice. It provides that the Tribunal can only pass miscellaneous order in respect of all the order which have already been passed or to prevent abuse of its process to secure the ends of justice. In case of revocation of CHA Licence of CHA, passing stay order does not fall within the four corners of Rule 41. Therefore it is beyond the jurisdiction of the Tribunal to pass stay order in a case wherein CHA Licence was revoked by the Adjudicating Authority. Moreover passing stay order from operation of impugned order will be as good as allowing the appeal and CHA Licence will get restored. This Tribunal in case ofM.P. Agro Vs. CC [2014 (12) TMI 859 - CESTAT MUMBAI] has held that there is no provision for granting stay under Rule 41 of the CESTAT Procedure Rules, 1982. We are therefore of the view that stay order of this Tribunal could not be passed under Rule 41 particularly in case of revocation of CHA licence - Stay denied.
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