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2015 (12) TMI 1198 - CESTAT MUMBAI

2015 (12) TMI 1198 - CESTAT MUMBAI - 2016 (331) E.L.T. 594 (Tri. - Mumbai) - Revocation of CHA Licence - Held that:- under Rule 41, this Tribunal has limited power to exercise and pass any order to give effect in relation to its order or to prevent abuse of its process order to secure end of justice. It provides that the Tribunal can only pass miscellaneous order in respect of all the order which have already been passed or to prevent abuse of its process to secure the ends of justice. In case o .....

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for granting stay under Rule 41 of the CESTAT Procedure Rules, 1982. We are therefore of the view that stay order of this Tribunal could not be passed under Rule 41 particularly in case of revocation of CHA licence - Stay denied. - Appeal No. C/MA (ORS)/93934/15, Application No. C/86209/15 - Misc. Order No. M/4729/2015-WZB/CB - Dated:- 8-10-2015 - P. S. Pruthi, Member (T) And Ramesh Nair, Member (J) For the Appellant : Shri. Ashok Kumar Singh, Adv For the Respondent : Shri. A.K. Singh, Addl. Co .....

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restored and it will be as goods as allowing the appeal therefore in the present case stay cannot be granted. 4. On careful consideration of the submissions made by both sides, we do not incline to go in the details in the merit of the case at this stage as we have to pass order only on the Stay Application. The issue involved in the present case is revocation of CHA Licence. In the normal course, stay is granted only for the purpose that till the disposal of the appeal no further coercive acti .....

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