9911796707
TMI Blog2009 (9) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... this Misc. Application has come with a prayer for rectification of mistake. 2. Learned Counsel Shri Prem Ranjan submitted that against the stay order passed by the Tribunal on 4-5-09, the appellant being aggrieved, has approached the Hon ble High Court of Delhi in Writ Petition No. 9844/09. During pendency of the Writ Petition, Revenue has come with an application to remove certain portions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, Revenue s application is to be dismissed when the very same order is under subjudice. 4. Learned DR Shri Sunil Kumar appearing on behalf of the Revenue submits that learned Commissioner being aggrieved by para 3 of the stay order has made an application. He submits that he has not stated for remand of the matter in the course of hearing, for which Revenue s submission for remand being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not only justice is to be done but must be seemed to have been done. It is an experience to observe that Shri Sunil Kumar is always fair in his pleadings to do justice to both sides. Many a times, Revenue usually objects to disposal of appeal during the stay hearing. We do not find any mala fide alleged in the application of Revenue. While dictating our orders in the open Court we always insist b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Therefore, learned Commissioner s application being misconceived is dismissed. 6. The second prayer in the Misc. application of Revenue is to club the present appeal along with Appeal Case No. 659/08 filed by M/s. Prasad Enterprises. We allow clubbing subject to result of the Writ application. Both sides are at liberty to mention whenever decision from the Hon ble High Court comes up on the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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