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TMI Blog2016 (11) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... A.P.Srinivas, SPC ORDER Mr.A.P.Srinivas, learned Senior Panel Counsel accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal. 2. The petitioner has sought for twin reliefs in this writ petition namely to forbear the respondents from initiating any recovery proceedings against the petitioner pending disposal of the appeal before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r-in- Original No.5 of 2007 dated 23.2.2007 and if the stay had not been extended, the petitioner was directed to pay the amount quantified in the order. 4. This necessitated the petitioner to file a miscellaneous petition before the Tribunal seeking extension of stay. The Tribunal, by order dated 31.3.2015, extended the stay order granted on 30.9.2008 till 10.6.2015. Once again, the petitioner f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner thought fit to transfer the appeals to the Call Book and await the decision of the Tribunal. Owing to this, the petitioner did not move the Tribunal for further extension of stay, which was granted on 12.8.2015. 6. However, the Commissioner (Appeals) directed the matters to be listed for hearing and notices in this regard were issued to the petitioner dated 29.7.2016 and 23.9.2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007 are being heard. Since the appeal filed by the petitioner is of the year 2008, it may take sometime for the appeal to be disposed of by the Tribunal. Therefore, ends of justice would be met if an order of stay, granted by the Tribunal and extended from time to time and the last of such extension being 12.8.2015, is continued till the disposal of the appeal before the Tribunal. Accordingly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls have now been adjourned at the request of the petitioner. 11. Therefore, in so far as the second limb of the prayer sought for, liberty is granted to the petitioner to file appropriate application before the second respondent - the Commissioner of Central Excise (Appeals-II), to re-transfer the appeals to the Call Book and if such an application is filed, the Commissioner shall take into consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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