Tribunal extends stay order until appeal conclusion, no need for further extensions

The Tribunal held that the stay order granted in the case would continue until the appeal is finally disposed of, without requiring additional applications for extension of stay. This decision was based on the principle established in a previous judgment, clarifying that once a stay order is granted, it does not lapse and the appeal must be resolved within three years. Therefore, the applications for extension of stay were disposed of in accordance with this ruling.

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Issues:
Extension of stay on grounds of appeal delay.

Analysis:
The appellants sought an extension of stay on the basis that their appeals had not been disposed of due to no fault of theirs. The Tribunal referred to a previous judgment in the case of M/s. Venketeshwara Filaments Pvt. Ltd. & Ors. Vs. CCE & ST., Vapi, where it was observed that there was no provision for further applications for extension of stay. The Tribunal clarified that once a stay order is granted by the Tribunal, it does not lapse, and the appeal needs to be disposed of within three years. Therefore, any stay order passed by the Tribunal before a certain date would continue until the appeal is disposed of, without the need for filing additional applications for extension of stay. Consequently, as the stay in the present case was in force beyond the specified date, it would continue until the appeal is finally disposed of. As a result, the applications for extension of stay were disposed of based on the principles established in the aforementioned judgment.

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