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2014 (4) TMI 84 - AT - Central ExciseStay application - recovery proceedings were initiated - Held that - Inasmuch as the stay petition was heard on 22.11.2012 but orders could not be passed and the matter stands re-listed the appellant cannot be held liable for the late disposal of the stay petition. It is well settled law that till the stay petition is disposed of no coercive action should be taken against the applicant. We are also informed by the ld. Advocate that an amount of Rs.3.06 croes already stands deposited by them as the same has been appropriated from the rebate claim filed by the appellant - Stay granted.
Issues: Stay petition in appeal, late disposal of stay petition, interim stay against recovery of dues
Stay petition in appeal: The judgment pertains to a stay petition in Appeal No. E/1464-65/2012-Ex filed by M/s Shiva Texfabs Ltd. The appellant's advocate mentioned the matter in Stay Petition No. E/S/1878-79/2012-Ex. The Tribunal had heard the stay petition on 22.11.2012, but due to the Hon'ble President relinquishing charge, the orders were reserved. The appellant requested re-hearing of the stay petition at an early date due to pressure from the Central Excise authorities for depositing the dues. The appellant had already deposited Rs.3.06 crores, appropriated from a rebate claim. Late disposal of stay petition: The Tribunal acknowledged that the stay petition was heard on 22.11.2012, and the delay in passing orders was not the appellant's fault. It was emphasized that no coercive action should be taken against the applicant until the stay petition is disposed of. The appellant's advocate highlighted the deposit of Rs.3.06 crores as a demonstration of good faith. Interim stay against recovery of dues: Considering the circumstances and the deposit made by the appellant, the Tribunal granted an interim stay against the recovery of dues. The next hearing for the stay petition was fixed for 3.4.2013. The order was to be provided dasti to both parties. This judgment addresses the issues of a stay petition in an appeal, the delay in disposing of the stay petition, and the grant of interim stay against the recovery of dues. The Tribunal recognized the appellant's compliance with the deposit and the circumstances leading to the delay in passing orders. The decision to grant interim stay reflects the Tribunal's commitment to fairness and due process in legal proceedings.
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