2013 (11) TMI 340

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.....) and Shri H.G. Mathew, A.R. ORDER Per: M.V. Ravindran: Modification Application No.C/Modf/20670/2013: 1. This application is filed for modification/rectification of mistake in Stay Order No.M/10512 to 10523/WZB/AHD/2013, dt.10.01.2013. 1.1 Ld. Counsel would submit that the appellant during the course of hearing of Stay Petition, had requested for re-export of goods which was allow....

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....er dt.10.01.2013. 1.2 Ld.A.R. would submit that there is no need to re-draw the samples as the samples which were drawn earlier are enough and the same may be sent for re-testing, if the Bench considers it so. 1.3 Ld. Counsel would submit that they are ready for sending the same samples also and would also request for re-drawal of samples the earlier samples may not be readily available and ....

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.... find that this particular proposition was made when the matter was heard (I was one of the members, who heard this matter), but it was not recorded in our Stay Order dt.10.01.2013. Factually, we find that the application for modification of the Stay Order does arise, but it is treated as an application for rectification of mistake only to the extent of directing the lower authorities to redraw th....

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..../ORS/20821/2013: 2. This miscellaneous application has been filed seeking direction of the Bench under Rule 41 of CESTAT Procedure Rules for implementation of our Stay Order dt.10.01.2013 vide which we had directed the lower authorities to allow re-export of goods on payment of redemption fine within 30 days of receipt of a copy of the Stay Order. 2.1 Ld. Counsel submits that they want exten....