2009 (9) TMI 662

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....petitioner has come up with the present writ petition, challenging a conditional stay order passed by Customs, Excise and Service Tax Appellate Tribunal. 2. Heard Mr. Joseph Prabakar, learned counsel appearing for the petitioner and Mr. K. Ramakrishna Reddy, learned Senior Central Government Standing Counsel appearing for the respondents. 3. As against an Order-in-Original passed by th....

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....the petitioner is before this Court. 5. The short ground on which Mr. M. Joseph Prabakar, learned counsel for the petitioner assails the impugned order, is that the Tribunal did not examine the prima facie case, balance of convenience and irreparable hardship, for deciding the waiver and stay petition. The said contention appears to be fairly justified. It is seen from the impugned order tha....