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TMI Blog2007 (8) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... , JDR, for the Appellant. S/Shri G. Shiva Dass, Advocate and G. Venkatesh, Consultant, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. - In these Revenue appeals, the respondents have moved applications to seek stay of recovery proceedings initiated by the Assistant Commissioner of Central Excise, Visakhapatnam by his letter dated 6-8-2007. The simple facts of the case are th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decide the matter in terms of the Show Cause Notice. It is the submission of the respondent that the Proper Officer is yet to fix the date of hearing. In the meanwhile, the respondents moved this Bench for fixing a date of hearing against the impugned order. This Bench accepted the plea for grant of early hearing. The matter has been directed to be heard on 3rd September, 2007 before the Circuit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing before the Settlement Commission, the impugned order should not have been passed and held that such order is a non-est order. The Settlement Commissioner has thereafter directed the original authority to decide the case de novo. The Revenue is also aggrieved with the impugned Order-in-Original. The matter is pending before the Tribunal and the date of hearing has been fixed. When this is the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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