Condonation of delay and interim stay granted where production-capacity computation issue was already before a Larger Bench.

Delay in filing the appeal was condoned on the basis of unrest in the factory and difficulties with the electricity department. The dispute on merits concerned whether gallery length should be included in chamber length for computation of annual production capacity, but the Tribunal noted that the issue had been decided differently by different benches and had already been referred to a Larger Bench. As duty and penalty were not quantified, interim protection was considered appropriate, and the stay petition was allowed.

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Issues: Whether delay in filing the appeal should be condoned, and whether the operation of the impugned order should be stayed pending appeal.

Analysis: The delay was explained by reference to unrest in the factory and difficulties with the electricity department. The dispute on merits concerned inclusion of gallery length in the chamber length for computation of annual capacity of production. As the issue had been viewed differently by different benches of the Tribunal and had already been referred to a Larger Bench, and as duty and penalty were not quantified, interim protection was considered appropriate.

Outcome: The delay was condoned and the stay petition was allowed.

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