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TMI Blog2013 (7) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... ial uniform and has been introduced to us by the Commissioner (AR). He has been constrained to keep away from his official duties for two days on account of the reprehensible conduct of the appellant. From the submissions made before us, we are satisfied that the Superintendent's presence in the Court today was not warranted in the correct facts and circumstances of this case” - Appellant to pay costs of the respondent(Department) – Directed appellant to deposit a sum of Rs.10,000/- (Rupees ten thousand only) with the Government under the appropriate head - The witness discharged. - E/3564/2012 - MISC ORDER NOS. 25410/2013 - Dated:- 20-3-2013 - P G Chacko And B S V Murthy, JJ. For the Appellant : Mr. R Harish, Adv. For the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appendix XXVI dt. 06/03/2013 enclosed to your letter dt. 08/03/2013, referred to above, it is observed that there are certain marginal remarks as 'ad interim stay granted' as stated by you. However, these remarks shall not be considered as ad interim stay order granted by the Hon'ble Tribunal." In the same letter, the Superintendent once again required the appellant to pay the duties and penalties as confirmed in the Order-in-Original within three days, failing which, the party was warned, action under Section 11 of the Central Excise Act would be initiated without further intimation. 3. From the above materials placed before us by the counsel for the appellant on 18/03/2013, it appeared to us that a copy of our ad interim stay order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e counsel for the appellant on the said date, we would not have summoned the Superintendent. The Superintendent of Central Excise and Customs, Kakinada came all the way to Bangalore and stayed in the city overnight in order to answer our summons. He is present before us in his official uniform and has been introduced to us by the Commissioner (AR). He has been constrained to keep away from his official duties for two days on account of the reprehensible conduct of the appellant. From the submissions made before us, we are satisfied that the Superintendent's presence in the Court today was not warranted in the correct facts and circumstances of this case. It has been occasioned by the misfeasance of the appellant. This apart, as already note ..... X X X X Extracts X X X X X X X X Extracts X X X X
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