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TMI Blog2017 (11) TMI 1521X X X X Extracts X X X X X X X X Extracts X X X X ..... esh for the petitioner Mr.Pradeep S. Jetly with Mr.Jitendra B. Mishra for the respondent ORDER P. C. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. Considering the narrow question involved in the writ petition, the same is forthwith taken up for final hearing. 2. A show cause notice was issued to the petitioner Maharashtra State Ro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate Tribunal"), West Zonal Bench at Mumbai. An application for stay was made by the petitioner which has been dismissed by the impugned order dated 1st October 2013. Not only that the stay application was dismissed, but while deciding the stay application, even the appeal was dismissed by the Appellate Tribunal on the ground that the same did not have merit. 4. The learned counsel appearing f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority. He submitted that the order of the Commissioner (Appeals) dismissing the appeal against the orderinoriginal passed by the Adjudicating Authority was never challenged by the petitioner and, therefore, the view taken cannot be faulted. 6. We have given careful consideration to the submissions. The first paragraph of the impugned judgment and order shows that what was heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olding that it was devoid of any merits. 8. Therefore, the impugned order cannot be sustained and by setting aside the same, the appeal and the stay application will have to be restored to the file of the Tribunal. 9. Accordingly, we pass the following order: ORDER (i) The impugned judgment and order dated 1st October 2013 is hereby quashed and set aside and the said appeal bearing No.ST/8636 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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