1995 (7) TMI 68

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....issue of a writ of certiorari quashing the Stay Order No. 39/95-D, dated 15-3-1995 served on 8-4-1995 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, and for issue of a writ of mandamus directed the learned Tribunal to decide the appeal of the petitioner without insisting on any pre-deposit for recovery of adjudged amount of duty and penalty during the pendency of t....

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....Assistant Commissioner Central Excise, Agra ordered the confiscation of seized shoes and confirmed the demand of duty on 14-5-1993. The petitioner filed an appeal before the Collector Central Excise who was pleased to confirm the said order. The petitioner then submitted the second appeal before the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi and also moved application for sta....

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....irection. 6.After hearing the submissions of both the sides, I am also of the view that no useful purpose will be served by keeping this writ petition pending in this court and to stay the proceedings in the appeal pending before the learned Tribunal. The grievance of the petitioner can be redressed if they are directed to file fresh application taking the plea that the demand of duty and penal....