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2003 (11) TMI 518

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..... DR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - This is a Misc. application filed by M/s. Rajasthan Petro Synthetics Ltd. for recalling the Stay Order No. S/308/2003, dated 9-9-2003 by which they have been directed to deposit Rs. 80 lakhs by 15-11-2003. 2. Shri K.K. Anand, learned Advocate, submitted that the stay petition was posted for hearing on 9-9-2003; that during .....

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..... formed that no stay has been granted by the Hon'ble Supreme Court. 3. Opposing the application, Shri Kumar Santosh, learned Senior Departmental Representative submitted that the issue involved relates to denial of Modvat credit of the duty paid on high speed diesel oil during the period May, 1998 to March, 2000 and the denial of the Modvat credit has been validated by Section 112 of the Fina .....

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..... ions of both the sides. Nothing has been brought on record by the applicants to prove that the notice for the hearing of the Stay application was not received by them. On the other hand, acknowledgement due received by the Registry from the postal authorities, clearly indicates that the notice was duly received by the Applicants. Their pre-occupation in other affairs does not empower them not to a .....

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