2008 (12) TMI 44

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....2008 in Application No. ST/Modf./979/2008 in Appeal No. ST/184/2007) Shri P.K. Sahu, Adv. for Appellant. Dr. M.K. Rajak, SDR for Respondent.  [Order per Archana Wadhwa Member (Judicial) ] - Vide Stay Order No S/1424/WZB/Ahd/07 dated 18.12.2007, appellants were directed to deposit an amount of Rs. 40 Lakhs within a period of 10 weeks, out of the total confirmed duty of Rs. 1,30,10,476/-. ....

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....ror on record stated to have been committed by the Tribunal. Thereafter, the appellant filed the modification application. 3. Ld. Advocate appearing for the appellants mainly contended that the issue now stand decided by two decisions of the Tribunal. In the case of Indian Hume Pipe Co. Ltd. Vs. CCE, 2008 (88) RLT 328 (CESTAT-Che.) = 2008 (12) STR. 363 (Tri.-Chennai), it has been held that constr....

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....noperative during the pendency of the appeal and the appeal was itself to be listed by taking note of two orders passed by the Tribunal. Further, it stand recorded in judgment of Hon'ble Bombay High Court in the case of Sarla Performance Fibers Ltd. Vs. UOI, 2008 (86) RLT 782 (Bom.) =2008 (226) ELT 45 (Bombay) that modification of stay order is an inherent power of the Tribunal. 4. In view of the....