2009 (6) TMI 391

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..... [Order per: D.N. Panda, Member (J)]. - Ld. Consultant submits that when the stay order was passed on 27-4-2009, he could not reach to the Court for hearing in time. Therefore, he has moved this application to remove the difficulties that the appellant has faced. He further submits that when the appellant has merit in their case, it shall suffer if the stay application is not restored. 2. Ld. DR .....

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..... merits of the case. Appreciating that the appellant has taken shelter of Larger Bench decision in the case of Hindusthan Zinc Ltd. v. CCE, Jaipur reported in 2008 (11) S.T.R. 338 (Tri.-LB) and appreciating ratio laid down by the High Court of Bombay in the case of Indian National Shipowners Association reported in 2009 (13) S.T.R. 235 (Bom.), we waive the requirement of pre-deposit during the pend .....

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