2016 (11) TMI 482

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....any recovery proceedings against the petitioner pending disposal of the appeal before the Customs, Excise and Service Tax Appellate Tribunal in Appeal No.E/400/2008 and for a direction to the second respondent namely the Commissioner of Central Excise (Appeals) to re-transfer Appeal Nos.292 and 293/2016 to the Call Book. 3. The reason for filing this writ petition has arisen on account of the fact that though the Tribunal had granted an order of interim stay in the first instance on 5.6.2012, the stay was for a period of six months or till the final disposal of the appeal, whichever is earlier and the appeal has not been disposed of within a period of six months. However, the fourth respondent sent a communication dated 5.1.2015 calling ....

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....e Tribunal for further extension of stay, which was granted on 12.8.2015. 6. However, the Commissioner (Appeals) directed the matters to be listed for hearing and notices in this regard were issued to the petitioner dated 29.7.2016 and 23.9.2016. Simultaneously, there is also a threat of recovery, since the order of stay granted by the Tribunal was only for a period of six months from 12.8.2015. Therefore, the petitioner is before this Court. 7. So far as the prayer for stay of recovery of central excise duty is concerned, since the Tribunal is already seized of the matter and the appeal is pending since 2008 and an order of stay has been in force from 2008 and periodically extended, this Court is of the view that pending disposal of ....