TMI Blog2016 (11) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... e Mr. Justice Akil Kureshi) 1. Petitioner has prayed for a protection against recovery in connection with an order in original dated 25.01.2001, which by way of a second appeal is subject matter before the CESTAT in Appeal No. E1227/ 03. It is undisputed that in such appeal, the Tribunal had granted stay against the recoveries. The petitioner was granted periodical extensions of stay also. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e gather that till such date, the appeal papers were not received by the Tribunal at Ahmedabad. In this background, the case of the petitioner is that the stay extension application could not be decided by the CESTAT, Ahmedabad. The petitioner is not responsible for any delay either in hearing of the appeal or in pursuing the application for extension of stay. According to the petitioner therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a copy to the department. II. If so done, the Tribunal is requested to grant priority consideration to such appeal and dispose of the same latest by 30.06.2016. III. Till 30.06.2016, there shall be no coercive recovery. 5. If for some reason the Tribunal is unable to decide by 30.06.2016, it would be open for the petitioner to apply for extension of stay which application shall be decided on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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