2015 (10) TMI 1228 - AT - Central Excise

Extension of stay order - Held that - Any stay order passed by the Tribunal, if it is in force beyond 07/08/2014, it would continue till the disposal of the appeals and there is no need for filing any further applications for extension of orders granting stay either fully or partially - Decision in the case of M/s. Venketeshwara Filaments Pvt. Ltd. & Ors. Vs. CCE & ST., Vapi 2014 (12) TMI 227 - CESTAT AHMEDABAD followed - Stay extended.

Summary

Issues:
Extension of stay on grounds of appeal delay.

Analysis:
The appellants sought an extension of stay on the basis that their appeals had not been disposed of due to no fault of theirs. The Tribunal referred to a previous judgment in the case of M/s. Venketeshwara Filaments Pvt. Ltd. & Ors. Vs. CCE & ST., Vapi, where it was observed that there was no provision for further applications for extension of stay. The Tribunal clarified that once a stay order is granted by the Tribunal, it does not lapse, and the appeal needs to be disposed of within three years. Therefore, any stay order passed by the Tribunal before a certain date would continue until the appeal is disposed of, without the need for filing additional applications for extension of stay. Consequently, as the stay in the present case was in force beyond the specified date, it would continue until the appeal is finally disposed of. As a result, the applications for extension of stay were disposed of based on the principles established in the aforementioned judgment.