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2017 (4) TMI 785 - HC - CustomsNotice of motion - Appeal against Tribunal's order - Revenue seeks a unconditional stay of the Tribunal's order - Rule 41 of the Rules styled as CESTAT Procedural Rules, 1982 - Held that: - We do not see how the Revenue, therefore, is prejudiced. The Revenue cannot argue that it will comply with the order of CESTAT qua one vessel only or qua one drawback application. Once the stand is made clear on affidavit and there is an order of sanction passed on 25th February, 2017, then, all the more we are not inclined to grant the request of stay, as made in the present Notice of Motion - unless and until an indemnity in the format prescribed is furnished by the assessee, the assessee will not get the benefit of the Tribunal's order nor a drawback in terms of the same - notice of motion fails - appeal dismissed.
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