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1987 (12) TMI 253

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..... mt. J.K. Chander, J.D.R., for the Respondent. [Order per: S.D. Jha, Vice-President (J)]. - Dr. Gauri Shanker for the applicants and Smt. J.K. Chander for the respondent-non-applicant heard on the stay application. Considering the facts and circumstances of the case and in view of what follow pre-deposit of central excise duty and penalty demanded dispensed with and appeal itself taken up f .....

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..... ocates made an application for adjournment to the Director of Publications on the ground that they had moved Delhi High Court. The material portion of the order is reproduced below: - During this hearing when they were asked as to on what point they had gone to the High Court, Delhi, it was clarified (by way of making addition in ink in the typed letter on the spot) that they have gone to the C .....

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..... auri Shanker, Counsel for the appellant says that he was informed that the decision on the application would be communicated after the High Court passes the order on the Writ Petition moved by the appellants. Shri Gauri Shanker further informs that Director of Publications told him that as the Writ Petition was presented in Delhi High Court on the ground of jurisdiction of Director of Publications .....

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..... to disbelieve the Director of Publications. 5. We have carefully considered the submission made by the parties. The material portion of the order of Director of Publications has been reproduced above. It does not give a clear indication that the request of Dr. Gauri Shanker and Manoj Arora for adjournment had been rejected and they were informed of this rejection. Considering this it cannot be s .....

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