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2009 (6) TMI 29 - HC - Central ExciseStay of Demand - Mechanical order of tribunal without application of mind - order of tribunal to grant part stay in mechanical manner without considering the questions whether the case is covered by precedents holding the field and binding upon the tribunal and whether the appellant has prima facie case and is likely to succeed on merit and direction to make any pre-deposit would cause undue hardship or not, and returning a finding on the issues accordingly, is not liable to be sustained - matter remitted back to tribunal for reconsidering the material on record before granting or denying stay.
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