TMI Blog2016 (5) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... ter getting permitted the restoration application filed - Petitioner submitted that in case recovery is made without considering the stay application of the petitioner, it shall suffer irreparable loss - Held that:- in case the petitioner files a fresh application for early hearing of the restoration application, as well as the stay application, before the CESTAT, the same shall be considered and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed restoration application before the CESTAT on 15-12-2008. The restoration application was pending when proceedings for recovery were initiated against the petitioner. An application for early hearing of the restoration application, as well as the appeal along with the stay application, was filed, which has not been decided by the Tribunal. 2. This petition has been filed primarily with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel for the parties and considering the facts and circumstances of the case, we dispose of this writ petition with the observation that in case the petitioner files a fresh application for early hearing of the restoration application, as well as the stay application, before the CESTAT, the same shall be considered and decided as expeditiously as possible and preferably within six weeks fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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