1995 (2) TMI 222

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..... r per : S. Kalyanam, Vice President]. This is an application seeking stay of the operation of the order of the Tribunal dated 2-4-1986 dismissing the appeal of the petitioner. 2.Shri Thiagarajan, the learned Counsel for the petitioner submitted that the petitioner initially filed a reference application against the order of the Tribunal dated 2-4-1986 dismissing the appeal of the petitione .....

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..... e meantime stay for a period of eight weeks from the date of receipt of the said order of the High Court. The learned Counsel submitted that since the reference application is pending before the High Court and the petitioner is claiming the goods which have been absolutely confiscated i.e. YKK zip fasteners, in the event of the petitioner s reference application being allowed by the High Court, th .....

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..... proceeds of the goods in question. 4. We have considered the submissions made before us. As per the direction of the High Court of Madras, the stay petition earlier dismissed is now revived and is taken up. The petitioner s plea is for a direction to the Department not to dispose of the goods pending disposal of the reference application by the High Court. The goods are of foreign origin and ar .....

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..... 11-1994 the High Court while disposing of the Writ Petition directed the Tribunal to restore the stay petition and pass appropriate orders after hearing both the parties within eight weeks from the date of receipt of their order copy and till such time the Tribunal passes final orders in the stay petition, status quo as prevailing pursuant to the interim orders granted by this Court will continue .....

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..... the reference application by the High Court as otherwise, in the event of the reference applicant succeeding in the High Court he would suffer loss and injury if the goods are sold in the meanwhile. Therefore, in the above circumstances, when the goods are not perishable and the same are available with the Department, we direct the Department not to dispose of the goods pending disposal of the Ref .....

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