2002 (11) TMI 552

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....hana Wadhwa, Shri S.S. Sekhon, JJ. REPRESENTED BY : S/Shri B.N. Chattopadhyay, Consultant, P. Chowdhury and K.K. Banerjee, Advocates , for the Appellant. S/Shri T.K. Kar, SDR and A.K. Mondal, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - These miscellaneous applications have been filed by the appellants seeking implementation of this Tribunal's decisions, in certain....

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....n appeal the order need not be implemented. We do not share this view of the field officers. It is well settled law that under the principles of judicial discipline the orders of the higher Tribunal should be implemented until an order staying the order has been obtained. The mere fact that a reference/appeal has been filed or is proposed to be filed would not a veil to cover the non-implementatio....

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....to deal with such Miscellaneous Applications practically everyday. It is not understood why the Tribunal's orders are not being implemented. 4. Surely these must be a system in place to keep a watch on re-adjudication cases. The Hon'ble Madras High Court had held that in such cases the appellants are entitled for interests. In the case of M/s. Max India Ltd. [2001 (129) E.L.T. 233 = 2001 (....