2005 (8) TMI 117

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..... yer clause. He is allowed to do so. 2. Heard learned Counsel for the petitioners and perused the record. 3. The Special Civil Application is admitted for hearing. 4. Re : Stay 5. We have heard Shri D. V. Parikh in support of the petitioners' prayer for stay of the operation and implementation of Notification No. 49/2003-C.E., dated 10-7-2003, read with Notification No. 2/2005-C.E. (N.T.), .....

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..... tial relief but by an interim order the Court cannot stall the recovery of taxes and duties. In this connection, reference can usefully be made to the judgment of the Supreme Court in Assistant Collector, Central Excise, Chandan Nagar, West Bengal v. Dunlop India Limited, 1985 (19) E.L.T. 22 (S.C.) = AIR 1985 S.C. 330. 7. With the above observations, the prayer for stay is rejected. - - T .....

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