2015 (1) TMI 718

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....ed off the W.P. No. 12230 of 2014 and M.P. No. 1 of 2014 filed by Savira Industries against the CESTAT Stay Order No. 624/2009, dated 8-7-2009 as reported in 2010 (261) E.L.T. 717 (Tri. - Chennai) (Savira Industries v. Commissioner). While disposing of the appeal, the High Court passed the following order : By consent of the counsel for both sides, the main Writ Petition itself is taken up for ....

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.... Since the appeal filed by the petitioner has not yet been disposed of within 180 days, as per the statutory period, it resulted in automatic vacation of the stay order. Thus, by virtue of the automatic vacation of the stay order, the third respondent has initiated criminal proceeding for recovery of the amount demanded by the respondent-Department. Aggrieved over the same, the petitioner has file....

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.... Section 35C of the Central Excise Act, non-disposal of the appeal within 180 days, will result in vacation of the stay order automatically. In the case on hand, since the order of stay granted by the first respondent got expired due to the long pendency of the appeal, the third respondent has proceeded to initiate recovery proceedings as per the aforesaid provisions. 6. Considering the li....