2012 (11) TMI 634

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....e petitioner. Shri Sanjay Lal, Advocate for respondents. The petitioner has sought following reliefs:- "7.1 To stay the demand created by the respondent No.1 till the appeal is decided by respondent No.3.   7.2 To direct respondent No.3 to hear and decide the appeal of the petitioner expeditiously. 7.3 To issue any other writ, order or direction as this Hon'ble Court deems just....

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....o submitted that respondent No.3 may be directed to consider and decide the application for stay also expeditiously.   Though the prayer is opposed by Shri Sanjay Lal, but considering the fact that the appeal and stay application both are pending since January, 2011, it would be appropriate to direct the respondent No.3 to consider and decide the stay application, otherwise the petitioner ....

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....e directed to consider the stay application and also decide the appeal expeditiously.   Shri Sanjay Lal, learned counsel appearing for the respondents submitted that a period of three months be allowed to respondent No.3 to decide the appeal and also the stay application.   After hearing learned counsel for the parties, we find that so far as the stay application is concerned, it d....

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....dent No.3 shall make an endeavour to decide the aforesaid appeals as far as possible, within a period of three months, as stated by Shri Sanjay Lal, learned counsel for the respondents.   (4) Till the application for stay is decided or for a period of three weeks, respondents shall not take any coercive action against the petitioner for enforcing recovery in question. Considering the fa....