2000 (11) TMI 864

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....DR, for the Respondent. [Order per : G.N. Srinivasan, Member (J)]. -  The instant above application has been filed by the applicants requesting the Tribunal to direct the respondent Commissioner of Central Excise, Mumbai-II forthwith refund to the applicants a sum of Rs. 1,25,34,988.97 with interest at the rate of 12% from the date of withdrawal of the amount by the Department from October,....

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....made in Application No. E/Misc. (EH) 213/2000 in E/CO-34/99 in Appeal No. E/3318/99-Mum vide Order No. C-II/1748-50/WZB/2000, dated 13-6-2000, we have directed the Respondent Commissioner the appellant in the said proceedings to grant the refund to the assessees. It may be true that the Department is contemplating to file the writ petition but unless the Department is able to obtain Order of Stay ....