2008 (7) TMI 812

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....R, for the Respondent. [Order]. - After hearing both the sides, I find that the appellate authority has dismissed the appeal for non-compliance with the stay orders passed by him directing the appellant to deposit the entire amount of duty and interest. The said stay order was passed by Commissioner (Appeals) ex partee.without taking note of the appellant's request for adjournment of the hea....

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.... of CE & Ors. [1987 (28) E.L.T. 265 (Mad.)]. It is further seen that Division Bench of Hon'ble Karnataka High Court in the case of M/s. M.I. Metal Sections Pvt. Ltd. v. Coll. of Excise, Bangalore [1995 (75) E.L.T. 470 (Kar.)] has held that applicant is entitled to move the Tribunal for modification of the stay order and the subsequent decision of the Tribunal can be made the basis for modification....