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2018 (12) TMI 334 - MADRAS HIGH COURTRecovery proceedings - 20% of the demand recovered from the petitioner in pursuant to the impugned order - stay petition - Held that:- There is no dispute to the fact that the very same Appellate Authority has already passed an order on 27.06.2018 granting stay of 80% of the demand subject to the condition that the petitioner pays 20% of the total demand. No doubt, that the said order was set aside and the matter was remitted back to the Appellate Authority for passing fresh orders in the stay petition. It is true that the stay petition was dismissed by the Appellate Authority and the appeal itself was heard and reserved for orders. As the fact remains that 20% of the total demand has been recovered from the petitioner in pursuant to the impugned order dated 11.10.2018, this Court is of the view that interest of justice would be met, if the respondents are directed not to make any further recovery till an order is passed by the Appellate Authority in the appeal filed by the petitioner, which is reserved for orders on 25.09.2018. The first respondent-Appellate Authority shall pass orders in the appeal within a period of 12 weeks from the date of receipt of a copy of this order, since it is stated that there is some change of officer.
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