1988 (10) TMI 144

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.... Shi L.C. Chakraborty, JDR, for the Respondents. [Order per : I.J. Rao, Member (T)]. - We heard Shri B.B, Gujral, the learned Advocate. He submitted that the impugned order of the Collector of Central Excise (Appeals) is not prima facie, sustainable as he dismissed the appeal without passing orders on the Stay Application which was made on 28-10-1987 along with the appeal. He pointed out ....

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....lication completely and failed to pass proper orders on the same. Therefore the impugned order was passed in violation of the principles of natural justice, and consequently cannot be sustained. We set it aside and remand the matter to the Collector of Central Excise (Appeals) for fresh decision which should include consideration of the Stay Application (including a hearing if asked for) and then ....