2006 (3) TMI 73

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....h sides in this Miscellaneous Application. Unconditional stay was granted vide Order No. C-II/2173/02-WZB, dated 27-8-2003 and this Tribunal, vide an order dated 10-6-2005 extended the stay by stipulating "pending disposal of the appeal." A perusal of this extension order very clearly indicates that the stay was and is operative till the appeal is disposed of. 2. The appeal was heard by this Be....

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....ould amount to interference in judicial decision making procedure of this Tribunal and the D.R. was directed to communicate this observation to the concerned Commissioner, and this was contemporarily intimated by letter dated 21-2-2006 by the applicants' counsel. The department refrained from taking steps to recover any amount in terms of stay order dated 27-8-2005. 4. It is, now reported that,....

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....y case has been again extended in the present case on 3-1-2006. Therefore, the present act of the Assistant Commissioner of Central Excise, Bharuch in ordering the appropriation is in gross violation of the order of stay and in contempt of the order of the Hon'ble High Court of Gujarat in the case of Poly Fill Sacks. 6. It is also well-settled by various decisions of this Tribunal that any amou....