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1985 (4) TMI 314

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..... ., Atlanta, Nariman Point, Bombay-400021 has filed a stay application requesting for the grant of stay for the payment of penalty of ₹ 1,28,000/-. 2. Shri S.D. Nankani, the learned Advocate has appeared on behalf of the applicant. He has filed another petition dated 19th April, 1985 wherein it has been stated that the Asst. Collector of Customs Appraising Group I has passed Recovery Order .....

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..... at the revenue s interest needs be safeguarded. He has referred to the provisions of Section 129E of the Customs Act, 1962. He has pleaded that the appellant should be permitted to make a part payment in cash and for the balance amount, bank guarantee may be furnished. 4. After hearing both the sides and going through the facts and circumstances of the case, we hold that it is a case of undue h .....

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..... exercise its power. We direct the stay of the Recovery Order dated 27-3-1985 passed by the Asst. Collector of Customs, Appraising Gr. I, Calcutta. It is further directed that the revenue will not pursue the recovery proceedings during the pendency of the appeal. In case the applicant fails to comply with the terms of this stay order, the stay order shall stand automatically vacated and the applica .....

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