9911796707
TMI Blog2013 (9) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... ievance made by the petitioner is that the appeal before the Karnataka Appellate Tribunal has been filed by the 3rd respondent challenging the order dated 26.08.2011 passed by the Commissioner of Excise, Bangalore, after a lapse of nearly two years from the date of passing of the order. It is urged by the petitioner that in such circumstances, when the matter pertains to transfer of CL-9 license which has been effected way back on 11.09.2009, the Tribunal ought to have notified the petitioner before granting any interim order adverse to his interest. It is further contended by the petitioner that during the interregnum from 2011 to 2013, the petitioner has been running business of vending liquor in seven shop premises continuously by paying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut hearing the respondents, no order condoning the delay is required to be passed before admitting the appeal because the appeal could be admitted keeping open the question of limitation as per Regulation 9(f) and once the appeal or petition is so admitted, the Tribunal gets jurisdiction to consider the application for stay and pass appropriate interim orders. 4. He further points out that the appeal itself is posted before the Tribunal tomorrow (30.08.2013) and the ex-parte interim order is granted only till the next date i.e., 30.08.2013. Hence, without interfering with the ex-parte interim order, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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. 7. Hence, the writ petition is disposed of and a direction is issued to the Tribunal to consider and dispose of the application as far as possible on the next date, i.e., tomorrow (30.08.2013) and that the Tribunal shall desist from continuing the ex-parte interim order without considering the contentions raised by both the parties. Both parties shall not precipitate the matter till an order is p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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