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2015 (5) TMI 790 - DELHI HIGH COURT

2015 (5) TMI 790 - DELHI HIGH COURT - TMI - Extension of stay - Held that:- The learned counsel for the petitioner has placed before us several orders passed by this court, whereby this Court has extended the stay initially granted by the Tribunal till the disposal of the appeal by the Tribunal in exercise of its jurisdiction under Article 226 of the Constitution. In fact, it is settled law that there is no bar for grant of such a relief if the Court is of the opinion that the circumstances and .....

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) No. 4902/2015 - Dated:- 18-5-2015 - Badar Durrez Ahmed And Sanjeev Sachdeva,JJ. For the Appellants : Mr Pawan Kumar with Mr Prakash Kumar For the Respondent : Mr Rohit Madan JUDGMENT Badar Durrez Ahmed,J (Oral) CM 8871/2015 Allowed subject to all just exceptions. WP(C) 4902/2015 & CM 8870/2015 1. Issue notice. Notice is accepted by the learned counsel appearing on behalf of the respondents. Since the facts are not in dispute, the matter is taken up for hearing at the first instance itself. .....

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a Division Bench of this Court in CIT v. Maruti Suzuki (India) Limited: [WP(C) 5086/2013] decided on 21.02.2014, it is made clear that the Tribunal has no authority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay. As 365 days elapsed on 12.05.2015, the petitioner cannot approach the Tribunal for any further extension of stay. It is also to be noted that, in the meanwhile, the petitioner s said appeal before the Tribunal was listed for hearing but c .....

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