2005 (7) TMI 119

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..... aneous Order No. 707/2004 dated 13-12-2004 and quash the same. 2. The present writ petition is filed by the petitioner against the order of the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the 'CESTAT') dated 13-12-2004 whereby the bank guarantee directed to be furnished by the 1st respondent while the appeal is pending before the Tribunal, was directed to be di .....

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..... the CESTAT. Hence, the order of adjudication itself goes. That order is put in issue by the Department in C.M.A. pending before this Court. Pursuant to the order of the CESTAT setting aside the original order of adjudication, the bank guarantee directed to be furnished has been directed to be discharged on or before 13-12-2004. If at all the petitioner wants to keep the bank guarantee alive, the .....

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