9911796707
TMI Blog2009 (5) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... ST/163-164/2009(PB) - Dated:- 8-5-2009 - S/Shri D.N. Panda, Member (J) and Rakesh Kumar, Member (T) REPRESENTED BY : Shri Pravir Chawdhury, Advocate, for the Appellant. Shri L.B. Yadav, DR, for the Respondent. [Order per : D.N. Panda, Member (J)]. - Ld. Counsel Shri Pravir Chawdhury without filing a Vakalat has appeared today and submits that the Appellant has approached the Hon'ble Supreme Court by way of Civil Appeal against the order dated 17-3-2009 passed by the Tribunal. The Civil Appeal is stated to have been filed on 6-5-2009 in terms of Diary No. 14307/09. He prays that time may be allowed till the matter is taken up by Hon'ble Supreme Court. 2.1 Ld. DR appearing for Revenue submits that he has been appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was directed to be fixed on 7th May, 2008. 2.3 In accordance with order dated 11-4-2008, the matter came before the Bench on 19-5-2008. The Bench on that day noted that the Appellant has gone to Hon'ble High Court of Delhi against the order, dated 11-4-2008 challenging the pre-deposit in writ petition (Civil) No. 3673/08. Accordingly, the matter was directed to be listed on 7-8-2008. On 7-8-2008, the Bench noted that the Appellant withdrew its writ petition for which that was dismissed by Hon'ble High Court. The Hon'ble High Court vide orders dated 10-7-2008 in Civil writ petition No. 3673/08 granted eight weeks time to make the pre-deposit in terms of the order of the Tribunal. Accordingly, it was directed to fix the matter on 15-9-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missed. 3. Heard both the sides and perused the record. 4. We have checked up the factual submissions made by Revenue and noticed that to be correct. This factual aspect is also not contradicted by ld. Counsel appearing today. We are satisfied that Revenue's interest has been prejudiced following aforesaid dilatory tactics and abusing process of law. However ld. counsel having filed a copy of Civil appeal filed before Apex Court, we make it clear that we shall be guided by Hon'ble Supreme Court, if any order that shall be passed against such application. We also make it clear that we shall carry out the direction of the Hon'ble Supreme Court, if any, that may be passed in the Civil Appeal stated to have been filed by the litigant today. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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