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TMI Blog2016 (11) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... rlier stay order and grant full stay of the adjudication dues including interest and penalty till disposal of the appeal. Further, it appears that the issue is apparently covered by the Ruling of Hon’ble Supreme Court in the case of Moti Laminates Pvt. Ltd. reported in (1995 (2) TMI 67 - SUPREME COURT OF INDIA ), we direct the registry to list the appeal for final hearing in the month of March/Apr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (T) Shri Nishant Mishra, Advocate, for the Appellant. Shri M.K. Mall, Asstt. Commissioner (AR), for the Respondent. ORDER [Order per : Anil Choudhary, Member (J)]. - Heard the ld. AR for the Revenue. 2. The appellant M/s. Shirdi Industries Ltd. have filed the present misc. application for modification of stay order dated 21-4-2013 passed by this Tribunal directing the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the stay order dated 21-4-2014, the appellant filed Misc. Application No. 53132 of 2014 for modification of the stay order which was dismissed by this Tribunal vide order dated 17-7-2015. Against the said order, the appellant approached the Hon ble Allahabad High Court in Central Excise Appeal No. 273/2015 alongwith defective No. 196/2013 and vide common order dated 29-10-2015, the Hon ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company is in negative as on 30-6-2014 and 31-3-2015. In this view of the matter, having considered the rival contention and in terms of the recent orders of the High Court, we find that the appellant-company is a sick company and further operating agency have been appointed on 15-9-2015 by BIFR and feasibility study is under progress. Accordingly, we modify the earlier stay order and grant full ..... X X X X Extracts X X X X X X X X Extracts X X X X
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