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2015 (10) TMI 2570 - ALLAHABAD HIGH COURTStay application - duty demand - appellant filed the present appeal contending that subsequent to the order of the Tribunal dated 21st April, 2014, the financial status of the appellant company has deteriorated and that it has become a sick industry and alternatively the appellant may be permitted to comply with the pre-deposit of the order of the Tribunal by utilizing the CENVAT credit that is availabl - Held that:- Upon considering, we find that even though these assertions were raised by the appellant in their written submissions, which has been treated by the Tribunal as a Misc. application, no consideration on these aspects have been indicated by the Tribunal in the impugned order. We, accordingly, dispose of the appeal directing the appellant to make a fresh application bringing these facts before the Tribunal within four weeks from today. If such an application is filed for modification of the order of the Tribunal dated 21st April, 2014, the same shall be dealt with and appropriate orders would be passed within four weeks thereafter after giving an opportunity of hearing to the appellant.
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