2010 (9) TMI 933

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..... 64/2009 asking for modification of order dated 17-6-2009 [2009 (16) S.T.R. 310 (Tri.-Del.)] passed by the Tribunal, reducing penalty and thus allowing the appeal partly, but confirming the service tax demand. The appellants plea in this application is that the stay granted earlier should have been extended on 17-6-2009 without disposing the appeal. 2. Today neither the appellant is present nor t .....

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..... ed of the appeal itself on merit by a reasoned and speaking order allowing relief partly. Finding that the action of the Tribunal to do expeditious justice was the outcome of the order and the order having been passed on merit, no interference is desirable. Accordingly this M.A. (ROM) is dismissed. We also add that a litigant who remains absent to pursue his remedy forgo his right to press for rec .....

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