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TMI Blog2011 (2) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... in 4 weeks from the date of receipt of a certified copy of the stay order No.S/301/10 dated 18.10.10. Compliance was to be reported on 3.1.11. On the same date, however, the appellant filed an application for unconditional waiver of pre-deposit and unconditional stay by way of modification of the above stay order. When the matter arose before the Bench for report of compliance, the modification ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation application and on hearing the ld. D.R., we have found no prima facie case for modification of our stay order. The Hon'ble High Court in the case of Baron International vs Union of India 2004 (163) ELT 150 (BOM) ruled as follows:- "Our experience shows that in almost all the applications moved to seek modification of the Tribunal's order contain oly grounds of review. They are freely entert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CEGAT in this behalf in this case, we are sure, Tribunal would have saved its labour and time and would not have been required to devote nine pages for wring impugned order. We direct that henceforth the Tribunal shall first make prima facie, enquiry whether application needs consideration on merits. If the Tribunal finds that prima facie case for modification is made out, then, only a Tribunal s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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