2014 (1) TMI 510

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....with J.B. Mishra, for the Respondent. ORDER Learned counsel for the appellant tenders affidavit of Advocate Mr. Anand S. Kulkarni, who had appeared before the CESTAT on 3 July 2013 and sought adjournment. In the affidavit, Advocate Kulkarni points out that on 3 July 2013 the appeal of the appellant was on board of CESTAT for purpose of reporting compliance of the order dated 14 May 2013. At that....

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....re to do so, dismissed the appeal for non-compliance of stay order dated 14 May 2013. 3. It is most unfortunate that the CESTAT dismissed the appeal for non-compliance of the order dated 14 May 2011, inspite of the aforesaid facts being brought to the notice of the CESTAT. In all fairness to the appellant and deference to this Court, CESTAT ought to have awaited the result of the hearing of ....

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.... also aware of the fact that it is open to the Tribunal in the absence of pre-deposit by the stipulated date to dismiss the appeal. However, when a party brings to the notice of the Tribunal that an appeal is preferred and is pending judicial exercise to avoid multiplicity of proceedings, would be to grant reasonable time to enable the petitioner to produce an order from this court, and on failure....