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TMI Blog2019 (11) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... hakrishnan JUDGEMENT (JUDGMENT OF THE COURT WAS DELIVERED BY DR. VINEET KOTHARI, J.,) The appellant viz.,M/s Transaeromarine Imex Solutions Private Ltd has filed this Civil Miscellaneous Appeal against the Order passed by the respondent viz., Commissioner of Customs, Chennai VIII Commisionerate, Custom House, Chennai, dismissing the stay application filed by the petitioner against the order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cause and the impugned order of the Tribunal cannot be sustained and the Tribunal should be directed to consider its own merits afresh. 3. Having heard the learned counsel for the petitioner and on perusing the materials available on record, we find considerable force in the contention made by the learned counsel for the petitioner. The Tribunal appears to have proceeded assuming that W.P.No.25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh and pass orders on merits and in accordance with law. 5. Since the learned counsel for the appellant submitted that there is no regular bench of CESTAT functioning, a time frame may be fixed to decide the application of the appellant. 6. Accordingly, we direct the Tribunal to dispose of the stay application, filed by the appellant within a period of three months from today. Till then, the op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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