2003 (11) TMI 105

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....ving the condition of pre-deposit and stay of the demand. It appears that on 30-3-2000 Bench of the CEGAT heard the application under Section 35F of the Act and delivered the judgment in the open court. CEGAT has allowed the application and dispensed with the requirement of pre-deposit of balance of duty and its recovery thereof during the pendency of the appeal. Perusal of the order sheet, which has been filed along with counter affidavit as annexure No. CA-1 also shows that in the order sheet there is mention "interim stay granted. Listed for PH on 22-6-2000. No notice. Sd/- 30.3." On 22-6-2000 CEGAT dismissed the appeal for want of prosecution. Petitioner filed restoration application stating therein that the notice for hearing for 22-6-....

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....uctions specifically about the Para No. 13 of the writ petition. In counter affidavit, Para No. 13 of the writ petition has been replied by Para No. 11 of the counter affidavit as follows : "That the contents of paragraph No. 13 of the writ petition are wholly incorrect and misconceived, hence denied. Detailed reply in this regard have already been submitted in preceding paragraph No. 3 and its sub-paras of this counter affidavit, which are reiterated and reaffirmed." 6.In Para No. 3 of the counter affidavit, it is stated that on 30-3-2000 stay order was granted and the date for regular hearing i.e. 22-6-2000 was fixed by Tribunal in the presence of counsel of the petitioner and as such there was no need for any further notice as requ....