2011 (2) TMI 1360

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....askar, CGSC, for the Respondent. ORDER The assessee has preferred this writ petition challenging the order passed by the CESTAT, granting conditional stay order. 2. The grievance of the petitioner is that on the date the stay application was listed for hearing, his Counsel was not well. Therefore, he sent an application for adjournment. The said request was rejected and the CESTAT pr....

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....er, as a matter of right is entitled to three adjournments, if he has to address arguments on merits. That right is nothing to do with the right to be heard in so far as waiver of pre-deposit and interim order of stay is concerned. After filing an application for stay, when the matter was listed for hearing of the said application, three days in advance, an application for adjournment is sent to t....

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....tigation. 4. Therefore the Tribunal was of the view that the action of the petitioner is detrimental to the interest of the Revenue. Therefore, they were not inclined to stay the entire order. However, a conditional stay has been granted. If the petitioner were to deposit Rs. 10 crores, that itself is a concession which the authority has extended to the petitioner, even though the petition....

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....e sufficient. Under the Indian conditions the expression 'undue hardship' is normally related to economic hardship, which means something which is not merited by the conduct of the claimant or is very much disproportionate to him. The word 'undue' adds something more than just hardship. It means an excessive hardship greater than the circumstances warrant. 6. Therefore, in the first place,....