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2008 (3) TMI 342 - HC - Central ExciseStay/Dispensation of pre-deposit - Undue hardship - Held that:- As the Tribunal dismissed the application on 23-1-2001 and therefore, the petitioner moved this Court in March 2001. It cannot, therefore, be said that this petition suffers from delay, laches and acquisance. Even otherwise, looking to the injustice done to the petitioner-company, this is a fit case where this Court would entertain this petition. Since the petitioner's appeal was dismissed only on the ground of non-compliance with the condition stipulated in the stay order, in the facts and circumstances of the case, we are inclined to set aside the order dismissing the petitioner's appeal and also the stay order dated 20-6-1997 and we are inclined to direct the Tribunal to hear the petitioner's appeal on merits and consider the petitioner's submission whether the petitioner is entitled to the benefit of judgment of the Tribunal rendered on 25-9-2000 as confirmed by the Hon'ble Supreme Court on 19-4-2006. Petition is allowed.
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