2004 (6) TMI 484

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....r per : P.G. Chacko, Member (J)]. - By order dated 1-1-2004, we had directed the appellants to make pre-deposit of Rs. 8.5 lakhs within a period of 3 months from the date of the order and report compliance on 2-4-2004. The appellants through their Counsel prayed for an extension on 2-4-2004, which prayer was granted and accordingly, they had a further period of 4 weeks for making the pre-deposit....

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....the applicants filed SLP in the Supreme Court; that the Hon'ble Supreme Court granted an ad interim stay of recovery of duty; and that the Apex Court ultimately allowed the civil appeal by way of remand to the High Court. Ld. Counsel argued that, by virtue of the remand order of the Apex Court, the ad interim stay ordered was still in vogue and, therefore, the applicants had a strong case for an o....

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....ld not be remanded to the High Court for determination as to whether Medwin Hospital, the appellant before us is the Division of Jaya Diagnostic & Research Centre Limited. Learned Additional Solicitor General appearing on behalf of the respondents had fairly conceded that this issue may be remanded back for determination to the High Court but the consequences of such finding will be open for argum....