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2015 (11) TMI 1228

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..... Customs Appeal No. 81 of 2015 - -
Customs
S. C. Dharmadhikari And B. P. Colaballa, JJ. For the Petitioner : Mr. Darius Shroff, Sr. Adv with Mr. Prakash Shah and Mr. Jas Sanghavi Mr. V Sridharan, Sr. Adv For the Respondent : Mr. Pradeep S. Jetly with Mr. J B Mishra, Mr. A S Rao ORDER P. C. 1. In all these matters, the applications for interim stay and holding the recovery proceedings in .....

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..... nother Bench of the Tribunal and the view taken therein. It has, therefore, recommended that the papers should be placed before the President so as to constitute a larger Bench of the Tribunal for resolving the complex legal issues. 3. It has been informed by the learned Senior Advocates that the larger Bench of the Tribunal has indeed been constituted and it has commenced the hearing of the case .....

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..... nch at Chennai in the case of Tamilnadu Generation and Distribution Company Limited so also the reference order dated 18 November 2014 and requesting it that there is need to modify the stay order initially passed on this subsequent development. 6. However, what we have seen from both the orders is that Bangalore Bench of the Tribunal took a particular view and later on Chennai Bench disagreed wi .....

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..... unal is to resolve the matter, then all the more, without expressing any opinion on the merits of the controversy, so also on the point whether mere reference to larger Bench should necessarily result in total waiver and unconditional stay, we are of the view that interest of justice will be served if each of these appeals are allowed. The impugned orders of the Tribunal are quashed and set aside. .....

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