2014 (9) TMI 473

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.... Shri V. Gopala Krishna Gokhale, Standing Counsel, for the Respondent. ORDER This writ petition is filed seeking a Certiorari to call for the record relating to the order passed by the Respondent No. 1 in Stay Application No. 226/2012 in Central Excise Appeal No. 387 of 2012, dated 8-5-2013 and to quash the same. 2. We have heard Sri Vedula Venkata Ramana, learned senior counsel ap....

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.... individual capacity so far as the penalty so imposed is concerned. 5. Along with both the above said appeals, miscellaneous applications were filed for waiver of the pre-deposit and stay of collection of the amounts under the order under appeal. 6. While so, the impugned order dated 8-5-2013 came to be passed in Stay Application No. 226/2012 in Central Excise Appeal No. 387/2012 w....

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.... heard. In the impugned order, though it was mentioned that despite notice no one was present nor there was any request for adjournment, the petitioner disputed the same. To substantiate the plea that there was no notice, the petitioner placed before this Court the communication received from the 1st respondent's office in response to the application made under the Right to Information Act which s....

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....mstances, particularly in view of the petitioner's plea that the deposit of the amounts as directed in the impugned order would cause undue hardship, we are of the opinion that the matter requires reconsideration after giving an opportunity of being heard to the petitioner. Moreover, as two appeals are preferred against the order dated 31-10-2011 passed by the 2nd respondent, one by the petitioner....