2014 (4) TMI 794

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....hacko This application filed by the appellant contains the following prayer:-    "In the circumstances and in view of the fact that the Hon'ble Tribunal has already rejected the appellant's request for early hearing of the appeal, the appellants respectfully pray that the stay already granted may be extended till the final disposal of the appeal filed by the appellants." The above pra....

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....was granted vide Order dated 23.01.2009. However, our Order dated 23.01.2009 did not expressly stay recovery. In the present miscellaneous application, the prayer of the appellant is to extend stay of recovery. As we had not granted stay of recovery, the question of its extension does not arise. 2. Another development on which no focus has been laid by the appellant is that their writ petition wa....

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....it under Section 35F of the Central Excise Act. 3. A word, about our interim Order dated 23.01.2009 again. As we have already noted, this order waived predeposit in view of the fact that no duty demand had since been quantified. Now that the duty demand stands quantified and the party's W.P. stands dismissed, our Order dated 23.01.2009 will have no force. This apart, the stay Order did not grant ....