2005 (2) TMI 675

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..... Member (J) (Oral)]. We had granted interim stay of recovery of duty in favour of the appellants, as per Order No. 726/2001, dated 21-11-2001, following the interim stay order passed by the Apex Court in favour of BHEL, Bhopal in an appeal filed against an order of the Tribunal s Delhi Bench. It was made clear in our order dated 21-11-2001 that the stay would be in operation till such time as .....

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..... ty and, therefore, they are entitled to stay of recovery of the duty erroneously demanded by the department. Ld. Counsel, further, points out that the department is bent on recovering the dues from the appellants in view of the fact that no order of stay subsists by virtue of Section 35C (2A) of the Central Excise Act. It is also contextually pointed out that their appeal stands clubbed with the d .....

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