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Stay order remains in force until appeal disposal. No need for further extensions. Clarity on stay extension rules. The Tribunal held that once a stay order is granted by the Tribunal, it does not lapse, and the stay remains in force until the appeal is disposed of. ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Stay order remains in force until appeal disposal. No need for further extensions. Clarity on stay extension rules.
The Tribunal held that once a stay order is granted by the Tribunal, it does not lapse, and the stay remains in force until the appeal is disposed of. Referring to a previous case, the Tribunal clarified that no further applications for extension of stay are required. As the stay in the present case was in force beyond a specified date, it was concluded that the stay would continue until the appeal's disposal. Consequently, the application for extension of stay was disposed of accordingly, providing clarity on the extension of stay in cases of delays in disposal without fault on the appellant's part.
Issues: Extension of stay on appeal due to delay in disposal
Analysis: The appellant sought an extension of stay on their appeal, citing the delay in disposal not caused by them. The Tribunal referred to a previous case, M/S. Venketeshwara Filaments Pvt. Ltd & Ors. Vs. C.C.E. & S.T., Vapi-2014-TIOL-2388-CESTAT-AHM, where it was observed that the omissions of certain provisions meant 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. The appeal needs to be disposed of within three years, and the stay orders granted by the Tribunal under section 35C of the CEA, 1944 remain in force. Therefore, any stay order passed by the Tribunal before 07.08.2014 would continue until the disposal of the appeal, without the need for filing further applications for extension of stay.
In light of the CESTAT judgment and the fact that the stay in the present case was in force beyond 07.08.2014, it was concluded that the stay would continue until the appeal is disposed of. Consequently, the application for extension of stay was disposed of accordingly. The Tribunal's decision was pronounced in court, providing clarity on the extension of stay in cases where delays in disposal occur without fault on the part of the appellant.
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