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Narmada Bio-Chem Ltd Versus Union of India

2017 (5) TMI 182 - GUJARAT HIGH COURT

Stay application - the Division Bench of the Tribunal which is required to adjudicate the appeal and decide the stay application filed by the petitioners, is not available, the stay application filed by the petitioners is not being heard and decided .....

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the Tribunal, the petitioners for no fault of their own, cannot be rendered remediless. Under the circumstances, the court is of the view that the interests of justice would be served if the petition is disposed of with a direction that till the sta .....

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746 of 2016 - Dated:- 14-3-2017 - Harsha Devani And A. S. Supehia, JJ. M/s Trivedi & Gupta, Advocate for the Petitioner Ms Avani S Mehta, Advocate for the Respondent JUDGMENT ( Per : Honourable Ms. Justice Harsha Devani ) 1. Rule. Ms. Avani Mehta .....

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tral Excise & Customs, the petitioners had preferred an appeal before the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal ) and that along with the appeal, the petitioners have also preferred a stay app .....

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order which is subject matter of challenge before the Tribunal, the respondents seek to invoke the bank guarantee and enforce the bond submitted by the petitioners. It is the case of the petitioners that if the bank guarantee is invoked and the bond .....

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ions raised in the memorandum of petition. Ms. Avani Mehta, learned senior standing counsel for the respondents is not in a position to dispute the fact that the Division Bench of the Tribunal is not available and hence, the stay application filed by .....

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ners, is not available, the stay application filed by the petitioners is not being heard and decided. However, the respondents appear to be resorting to coercive measures for the purpose of executing the order which is subject matter of challenge bef .....

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