2003 (11) TMI 367

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....ah, Advocate, for the Appellant. Shri A. Shukla, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  The appellants' Counsel mentions this matter today. 2. We had passed an interim order on 28-10-2003 in the captioned appeals waiving pre-deposit of duties and penalties and granting stay of recovery thereof pending the appeals, without expressing any prima facie....

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....read with Order dated 13-8-2003 of the Hon'ble High Court, Mumbai". We have also seen the Hon'ble High Court's order, produced by the Counsel. This order of the High Court, in clause (i) thereof, enables the party to apply to the Tribunal for stay of the impugned order of the Commissioner of Central Excise & Customs and, in clause (iii) thereof, stays the order of confiscation of plant and machine....

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....DR also. 4. Having regard to the totality of the facts and circumstances detailed above, we are of the view that, in the interest of justice, the department should not enforce the order of confiscation of plant and machinery till the party's application already posted to 17-11-2003 is disposed of by us. Rule 41 of the CEGAT (Procedure) Rules, 1982 empowers us to issue such an injunction in....