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2009 (11) TMI 526

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..... repercussion in the event later on it is found that the appeal is not sustainable - Held that: - if appeal succeeds the appellant does not stand to suffer as the materials may be released and utilised for which the same are imported - allegations contained in the petition are not admitted by the department - respondent waives the Notice of Appeal - 10 of 2009 - - - Dated:- 19-11-2009 - Kalyan J .....

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..... ill be very risky to allow the stay of operation of the order impugned and hence we reject this prayer but the materials in custody of the department shall be kept and preserved properly and this must not be divulged or parted with to anyone else. We are of the view that balance of convenience will also not permit to pass any order of stay as prayed for. In the event stay is granted the department .....

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..... no affidavit-in-opposition has been called upon to be filed. 5. Let the necessary notice be issued upon putting in requisites, if any. Mr. Hazra, learned Counsel for the respondent waives the Notice of Appeal. Let the requisite number of paper books be filed on or before the following day of re-opening of Christmas Vacation. 6. All parties are to act on a xerox signed copy of this order .....

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