TMI Blog2016 (11) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... However, a stay which was granted as far back in the year 2003, cannot be vacated in facts of the present case when we find that the Tribunal is unable to either hear the appeal or to decide the petitioner's application for extension of stay for want of the appeal papers. The petitioner shall reconstruct the appeal before the Tribunal latest by 25.04.2016 with a copy to the department. - Special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding such interim relief. In that background, the petitioner has filed this petition. 2. Having heard learned counsel for the parties, we gather that the appeal before CESTAT was originally presented before the Bench at Mumbai. After setting up of Tribunal at Ahmedabad in the year 2007, such appeal along with other appeals falling within the jurisdiction of the Ahmedabad CESTAT, had to be trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been stalled for over 10 years by now, even after filing an appeal before the Tribunal. The petitioner's appeal before the Tribunal therefore must be heard as early as possible. However, a stay which was granted as far back in the year 2003, cannot be vacated in facts of the present case when we find that the Tribunal is unable to either hear the appeal or to decide the petitioner's app ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
