2009 (8) TMI 995

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....ri Rastogi submits that the appeal was filed with delay of 22 days. Such delay was not intentional nor mala fide. Only the sickness of Managing Director who was hospitalized and ultimately died has prevented appellant to file the appeal in time. Therefore, appeal may be admitted condoning the delay. 2. Moving the stay application, Shri Rustogi submits that while bank guarantee of Rs. 79,95,922/- ....

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....ef, even if, the matter goes back to the lower appellate authority. 4. Heard both sides and perused the records. 5. We make it clear to both sides that we do not encourage such orders to be intervened by us. But to remove hardship, we have recently passed an order of present nature following the decision of the Tribunal in the case of Bhagwati Gases Ltd. v. Commissioner of Central Excise, Jaipu....