2008 (4) TMI 551

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..... : Jyoti Balasundaram, Vice-President]. We have heard both sides on the application for stay of operation of the impugned order by which the Commissioner has attached the factory premises situated at No. 143A, Government Industrial Estate, Kandivli (West), Mumbai 400 067 towards duty, interest and penalties due from M/s. Sensotherm India Pvt. Ltd. and its Directors. (The applicant, is a leg .....

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..... the ld. S.D.R. draws our attention to the finding of the Commissioner in the impugned order that the Bombay Mercantile Co-Operative Bank Ltd had. clearly stated in its letter dated 31-10-2005 to the Superintendent of Central Excise that the property in question belongs to M/s. Sensotherm India Pvt. Ltd. He therefore submits that no ground for exercising inherent power for stay has been made out a .....

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..... nd force in the submission of the applicant that if stay is not granted, the property is likely to be auctioned and therefore even in the event of success in the appeal, it will be a paper victory for the reason that the property would have gone out of their hands and it would be well-nigh impossible to retrieve it. The balance of convenience therefore lies prima facie in favour of the applicant. .....

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