2012 (6) TMI 751

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..... : M. Veeraiyan Heard both sides on the stay petition 2. The appellant claims that there was a flood on 25.10.2005 and raw materials, fabrics and sacks totally valued at about Rs. 97 lakhs was damaged and out of which the appellant could salvage goods valued about Rs. 20 lakhs. Evidence has been produced that the appellants have claimed insurance and received around Rs. 61.5 lakhs from insurance .....

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..... ice. The demand has been made nearly after four years after the flood has been happened in October 2005. A claim settled by the Insurance Company confirms the occurrence of flood. Therefore, we do not prima facie find valid reason to uphold the demand as per the impugned order. In view of the above, there shall be waiver of pre-deposit of dues as per the impugned order and stay of recovery thereof .....

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