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High Court admits case, issues notice on substantial legal questions: Appeal rejection & res judicata in stay applications. The Gujarat High Court admitted the case and issued notice on two substantial questions of law: a) Whether rejection of the appellant's stay application ...
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High Court admits case, issues notice on substantial legal questions: Appeal rejection & res judicata in stay applications.
The Gujarat High Court admitted the case and issued notice on two substantial questions of law: a) Whether rejection of the appellant's stay application and appeal by CESTAT without verifying if a similar case was decided in the appellant's favor is correct? b) Whether the judgment of the Hon'ble Court in a writ petition filed by the appellant on financial hardship operates as res judicata in considering pleas for stay and waiver of predeposit conditions based on new grounds and fresh evidence?
The Gujarat High Court admitted the case and issued notice on two substantial questions of law: a) Whether rejection of the appellant's stay application and appeal by CESTAT without verifying if a similar case was decided in the appellant's favor is correctRs. b) Whether the judgment of the Hon'ble Court in a writ petition filed by the appellant on financial hardship operates as res judicata in considering pleas for stay and waiver of predeposit conditions based on new grounds and fresh evidenceRs.
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