2009 (7) TMI 819

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....p;  Shri Harvinder Singh, Advocate, for the Appellant. Shri Fateh Singh, DR, for the Respondent. [Order per : D.N. Panda, Member (J)]. - Learned counsel Shri Harvinder Singh earnestly prays for an opportunity of hearing of the application which was dismissed ex-parte on 28th April, 2009 calling for pre-deposit of the whole amount demanded by the order-in-original. His grievance is th....

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....und that the appellant was not present on 28-4-09. They have no right for restoration of the stay application for further hearing. 3.Heard both the sides and perused the record. 3.1 The stay application had been disposed off on 28th April, 2009 asking for compliance on 26th June, 2009. On 26th June, 2009, there was no sitting of the Bench. Therefore, the matter came up today. When the ....

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....n 1996 (86) E.L.T. 472 (S.C.) 3.2 Looking to the smallness of the demand, we also direct that there shall be status quo ante since the appeal has not been dismissed. We grant an opportunity of hearing to the appellant on 13th August, 2009. But we make it clear that this order has been passed in the fitness of the circumstances of the case in exercise of the power conferred on the Bench un....