2017 (7) TMI 322

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....er (AR), for respondent ORDER Per: D.N. Panda When the appeal came up for hearing today, Revenue says that stay application dated 24.1.2011 of the appellant is pending for disposal. Shri V.M. Advani, Advocate, appearing for the appellant submits that the appellant has already deposited Rs. 5 lakhs at the stay stage. Therefore appeal is to be heard. 2. Perusal of the record shows that t....

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....High Court was passed on 10.7.2012. 4. On 27.2.2013 when the stay application came before the Bench, it was noticed that adjournment after adjournment was sought by the counsel on different pleas from time to time and was not prepared to argue. Therefore the Bench passed an order on that date stating that the stay application shall be considered on 1.4.2013 on the condition that the applicant s....

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....nge to notice that how the appellant sought extension of stay without the stay application being disposed as is noticeable from order dated 1.4.2013 and 27.2.2013. 7. Appellant is directed to file an affidavit to show the reason why without stay order being passed how the appellant made application for extension of stay and such application was registered in Tribunal as C/Extn/93539/15-Mum. The....

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....o be made to hear appeal unless such deposit disposed Stay application pending even till today. Revenue's reply on such count shall reach on 12^th July 2017. 9. Further examination of the record shows that there are some inscriptions at page 12 of the appeal memorandum dated 31.10.2007 inserting the word "& duty" at page 13 and "OR duty" and "& duty" at page 12 of the appeal memorandum. Eve....