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2009 (12) TMI 466

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..... deteriorating day by day. Petition disposed by directing deposit of Rs. 75,00,000 being redemption fine by petitioner subject to which the tug be released by respondent. - 1282 of 2009 - - - Dated:- 23-12-2009 - Soumitra Pal, J. Dr. Samir Chakraborty and Shri Abhijit Biswas, Advocates, for the Petitioner. Shri R. Bharadwaj, Advocate, for the Respondent. [Order]. - The Court : In .....

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..... ed Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata. Submission is that since the Tribunal does not have a second member, no Division Bench could be constituted and as such the appeal could not be heard. It is submitted since the tug is lying idle on the high sea, it is deteriorating day by day and therefore, appropriate order may be passed. 3. Heard the learned adv .....

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..... order by the Tribunal. I make it clear that I have not gone into the merits of the case. 5. Since the writ petition is disposed of at the stage of admission without calling for filing of affidavits by the respondents, the allegations made in the petition are deemed not to have been admitted by them. 6. No order as to costs. 7. All parties concerned are to act on a signed copy of the minutes .....

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