TMI Blog2010 (9) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... ble, the grievance of the petitioner is justified - finds support from the judgment in Yeshanand Filaments - Therefore, in the interest of justice, the writ petition is disposed of by directing the respondents not to give effect to the order in original passed by the respondent No. 1 till the regular bench becomes available in Kolkata or till the application for stay of the petitioner in connecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 14th May, 2010 passed by the respondent No. 1 directing confiscation of the goods and imposing penalty and interest on the ground that the appeal and the stay application filed could not be taken up as the Double Member Bench of the learned Central Excise, Customs and Service Tax Appellate Tribunal, Eastern Regional Bench, Kolkata ( for short the Tribunal ) is not sitting regularly which has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld for about two weeks. During the month of August, 2010, no Double Member Bench was available. The grievance is that the petitioner is unable to pursue its remedy in appeal due to non-availability of the Double Member Bench at the Tribunal in Kolkata. In my view, since Double Member Bench is not available, the grievance of the petitioner is justified. It also finds support from the judgment in Y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n favour of the petitioner would stand automatically vacated. 5. Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits controverting the allegations, allegations made are deemed not to have been admitted by them. 6. No order as to costs. 7. Urgent photostat certified copy of this order, if applied for, be furnished to the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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