TMI Blog2013 (3) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... 25th October, 2012. Thus the respondent department issuing a notice of recovery dated 15th January, 2013 to petitioner is wrong. The right of appeal is a valuable right. Therefore, it was the duty of the appellate authority to fix the stay application for hearing at an early date and till then no recovery should have been made by the respondent department as there is no fault on part of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 4th July, 2012 passed by Additional Commissioner, Central Excise (Duties), Jaipur-I. He has submitted that it was the duty of the appellate authority to issue notice of hearing of appeal as well as stay application within a period of 30 days, but till this date no date for hearing of appeal and stay application has been fixed. He further submitted that the appellate authority failed to issue n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing any interim order till the decision of the stay application. 5. We have considered the submissions of learned counsel for the parties. 6. From the documents annexed with the writ petition, it is clear that petitioner has preferred an appeal along with an application for stay-cum-for waiver of pre-deposit amount and the same is pending before the appellate authority i.e. Commissioner, Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order from the petitioner. 8. Consequently, we dispose of this writ petition and direct the respondent No.3 -Commissioner (Appeals), Central Excise, Jaipur-I to hear and decide the stay application of the petitioner as early as possible, but not later than a period of three weeks. 9. Parties are directed to appear before the appellate authority for hearing of stay application on 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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