9911796707
TMI Blog1999 (12) TMI 793X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order per : V.K. Ashtana, Member (T) (Oral)]. Since the issue in both the stay applications and connected appeals is identical and the applicant is the same, therefore, these two stay applications are being considered together by this common order. 2. Learned Consultant for the applicants submits that the issue concerns the re-classification of medicaments for export and the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Astra Pharmaceuticals as reported in 1995 (75) E.L.T. 214 for the simple reason that the appellants had long time ago applied for registration of the said trade mark and that apart from the alphabets used, logo is also used which clearly denotes that they are having proprietorship of their products. He further submits that the Orders-in-Appeal impugned had been passed ex parte, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants stay applications pending before him and passing the interim stay orders. We find that the granting of hearing is necessary in terms of Section 35A(1) of the Act and therefore, the reliance on the case of Jesus Sales Corporation Ltd. as noted therein is misplaced, as the said decision was in the context of some other statute. When the statute itself provides that the applicant has t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having great force, we find that the applicant established that they have a highly arguable case on merits. In view of this, we direct the applicants to pre-deposit a sum of Rs. 2,50,000/- (Rupees Two lacs fifty thousand only) with respect to their stay application No. E/St/729/99 in Appeal No. E/1525/99 arising out of Order-in-Appeal No. 119/99(M-III), dated 7-6-1999 and another amount of Rs. 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
