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2011 (9) TMI 427

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..... eal disposed of as having become infructuous. The Designated Authority now will implement the orders passed by the CESTAT dated 11-8-2011 within the time granted
H.L. Dattu and Chandramauli Kr. Prasad, JJ. S/Shri Gaurab Banerjee, ASG, Krishnan Venugopal, Sr. Advocate, S.W.A. Qadri, Mukesh Verma, Arvind K. Sharma, G. Umapathy, Rajesh Sharma, Rakesh K. Sharma and D.S. Mahra, Advocates, for the A .....

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..... view of the directions issued by this Court, the Designated Authority has passed its final findings. 5. Being aggrieved by the final findings of the Designated Authority, the parties to the lis have approached the CESTAT. 6. The CESTAT, by its order dated 11-8-2011 [reported in 2011 (273) E.L.T. 293 (Tribunal) and 2011 (272) E.L.T. 127 (Tri.- Del)] has allowed the appeal and has remand .....

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..... n 6 months from the date of this order and status quo shall be maintained meanwhile. Since we are allowing the main appeals by remand, the MA(EH) and SPs stand disposed off". 7. In view of the disposal of the appeal by the CESTAT, Sh. Krishnan Venugopal, learned senior counsel appearing for the appellant would submit that civil appeal has now become infructuous. 8. Sh. Bagaria, learned .....

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..... 1-2010, has allowed the writ petition and has set aside the preliminary findings of the Designated Authority. Aggrieved by the said order, the special leave petition is filed by the appellant herein. 11. During the pendency of this appeal, the Designated Authority has passed its final findings also. Those final findings were questioned before the CESTAT by the parties to this lis. The CESTAT .....

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..... No. 22155 of 2009 dated 22-1-2010. 14. We make it clear that we have not gone into the correctness or otherwise of the orders passed by the CESTAT dated 11-1-2011 (sic). Civil Appeal No. 8040 of 2011 15. Application for permission to file SLP is allowed. 16. In view of the orders passed by us in Civil Appeal No. 8038 of 2011, this appeal would not survive for consideration of t .....

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