2015 (2) TMI 393

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....espondent : Shri Gobind Jha, AR ORDER The applicant filed this miscellaneous application for extension of period of stay vide Stay Order No. M/13990/WZB/AHD/2013 dated 07.08.2013.  2. The Larger Bench of the Tribunal in the case of M/s Haldiram India Pvt. Limited & others Vs Commissioner, Central Excise & Service Tax - 2014-TIOL-1965-CESTAT-DEL-LB, held that the Stay Order passed by the Tr....

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.... had not indulged in any protractive strategies, extension of stay could be granted (beyond the period of 365 days) by passing a speaking order disclosing the satisfaction of the Tribunal as to absence of any delay/protractive stratagems by the appellant/assessee resulting in non disposal of the appeal or that the appeal could not be disposed of on account of pendency of several appeals or other r....

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...., subject to infrastructure and organizational limitations of CESTAT. 21. The reference is answered as above.  All the present applications/ appeals shall be listed before the appropriate Bench having the roster, for disposal on merits." 3. Learned Advocate on behalf of the applicant submits that the appeal was not taken up for hearing after passing of the Stay Order.  It is contended ....