2005 (12) TMI 132

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....ice R.K. Abichandani, President (for the Bench)]. - Interim stay was refused on 23-6-05. It was observed in the order refusing the interim stay, that prima facie, the applicant had recovered the amount by way of excise duty from the customers, and, therefore Section 11D of the Act could be invoked. It appears that the application under Sick Industrial Companies (Special Provisions) Act, 1985 was m....

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.... before the Tribunal for reporting compliance with the pre-deposit order dated 23-6-2005. The very order dated 23-6-2005 had listed the matter for compliance on 31-8-2005. Thereafter, on 31-8-2005, when the appeal was dismissed for non-compliance with the order, the fact that the case was listed on that date i.e. on 31-8-2005 for reporting compliance of the stay order was clearly recorded in that ....