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TMI Blog2002 (2) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... - These are two miscellaneous applications. Misc. Application No. C/Misc./288/2001 is filed by the party for an early hearing while Misc. Application No. C/Misc./60/2002 is filed by the Revenue praying for dismissal of the appeal on the ground that this Bench has no jurisdiction to hear the matter and the jurisdiction lies with the CEGAT, West Zonal Bench, Mumbai since the matter was adjudicate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with reference to writ petition filed by the Department, the Department was not able to serve notice to the party as per the address shown in their misc. application. In these circumstances, the Department felt non-existence of the party in Karnataka State and accordingly, this application was filed for dismissal on these grounds. 4. Shri B.V. Kumar submitted that much water has flown since pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellate Tribunal ). Wherein the Appellate Tribunal has directed the release of diesel engines, in favour of the respondent, as an interim measure, pending disposal of the appeal filed by the respondent. 3. After arguing the matter for sometime, Sri Ashok Haranahalli, learned Senior Central Government Standing Counsel and Sri Rajesh Chandra Kumar, learned Counsel appearing for the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent, as expeditiously as possible, and at any event of the matter not later than eight weeks from today and till the appeal is disposed of, the interim order granted by me in this petition continues to be in operation. All contentions urged on merits by both the parties, are left open to be considered by the Appellate Tribunal. 6. In terms stated above, this petition is disposed of. 5. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Revenue before the High Court nor sought permission to transfer the matter to CEGAT, West Zonal Bench, Mumbai. Even now it is open to the Revenue to take appropriate directions from the High Court as if deemed fit. In the facts and circumstances of the case, I have no alternative but to fix the date for final hearing in view of the direction given by the Hon ble High Court of Karnataka. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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