2015 (2) TMI 34

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..... empted. We find that, on identical issue, in the case of Bodal Chemicals Ltd. [2015 (1) TMI 817 - CESTAT AHMEDABAD], this Bench had granted unconditional waiver following the various orders of the Tribunal and also relying upon the decision of the Tribunal in the case of Nirma Ltd. v. CCE, Ahmedabad - [2011 (4) TMI 379 - CESTAT, AHMEDABAD] which has been upheld by the Hon’ble High Court of Gujarat .....

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..... s. M/10315-10319/2014, dated 15-1-2014, it transpires that the stay order was passed ex parte despite that there being an application for adjournment from the advocate on record. As per the Circular issued by the Hon ble President in F. No. 01/04/Circular/CESTAT/2014, dated 13-3-2014, we are precluded from hearing the application for modification of an interlocutory order. At the same time, the sa .....

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..... orders of the Tribunal and also relying upon the decision of the Tribunal in the case of Nirma Ltd. v. CCE, Ahmedabad - 2012 (276) E.L.T. 283 (Tri.-Ahmd.) which has been upheld by the Hon ble High Court of Gujarat [2014 (299) E.L.T. A24 (Guj.)]. Accordingly, we allow the modification application and modify our Stay Order dated 15-1-2014 to the extent that the applications filed for waiver of pre-d .....

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