2015 (11) TMI 1228

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.... Customs Appeal No. 78 of 2015, Customs Appeal No. 81 of 2015 - -<br>Customs<br>S. C. Dharmadhikari And B. P. Colaballa, JJ. For the Petitioner : Mr. Darius Shroff, Sr. Adv with Mr. Prakash Shah and Mr. Jas Sanghavi Mr. V Sridharan, Sr. Adv For the Respondent : Mr. Pradeep S. Jetly with Mr. J B Mishra, Mr. A S Rao ORDER P. C. 1. In all these matters, the applications for interim sta....

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....und that it is not possible to agree with another Bench of the Tribunal and the view taken therein. It has, therefore, recommended that the papers should be placed before the President so as to constitute a larger Bench of the Tribunal for resolving the complex legal issues. 3. It has been informed by the learned Senior Advocates that the larger Bench of the Tribunal has indeed been constituted....

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....ion has been invited to the view of coordinate Bench at Chennai in the case of Tamilnadu Generation and Distribution Company Limited so also the reference order dated 18 November 2014 and requesting it that there is need to modify the stay order initially passed on this subsequent development. 6. However, what we have seen from both the orders is that Bangalore Bench of the Tribunal took a part....

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....osing any conditions. If the larger Bench of the Tribunal is to resolve the matter, then all the more, without expressing any opinion on the merits of the controversy, so also on the point whether mere reference to larger Bench should necessarily result in total waiver and unconditional stay, we are of the view that interest of justice will be served if each of these appeals are allowed. The impug....