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2013 (9) TMI 722

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..... x-parte interim order. The controversy can be resolved by directing the Tribunal to consider the application filed for grant of stay after affording an opportunity to the petitioner and after hearing both parties - It was made clear that the Tribunal shall pass order after hearing both parties and considering the facts and circumstances of the case - The apprehension expressed by the petitioner that there will be closure of his shops and that the matter will be precipitated pushing him to serious loss can be addressed by directing the Tribunal to take the same into consideration and pass an expeditious order without loss of much time in the matter. The writ petition is disposed of and a direction was issued to the Tribunal to consider .....

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..... interregnum from 2011 to 2013, the petitioner has been running business of vending liquor in seven shop premises continuously by paying license fee. Learned counsel for the petitioner has also referred to other litigations pending between the petitioner and respondents 3 and 4. It is lastly urged by the learned counsel for the petitioner that pursuant to the ex-parte interim order of stay granted, the Deputy Commissioner of Excise, Chamarajanagar District has by his order dated 23.08.2013 produced at Annexure-A1 directed for closure of the shops and the business premises of the petitioner where trading in liquor was done for the last more than two years. Allegation of collusion between respondents 3 and 4 are made by the petitioner. 3. .....

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..... this Court may dispose of the writ petition directing the Tribunal to hear both the parties on the application filed for grant of interim stay. He also points out that the 3 rd respondent is ready to address his arguments before the Tribunal on the next date as regards the interim application filed for stay. 5. In the light of the respective contentions raised and having regard to the nature of controversy raised, I am of the view that it is unnecessary to go into the several contentions urged by the respective parties. The matter is listed before the Tribunal on 30.08.2013, i.e., tomorrow. There is no doubt that the appeal has been filed after a lapse of nearly two years. In the normal circumstances, before entertaining such an appea .....

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