TMI Blog2014 (3) TMI 1066X X X X Extracts X X X X X X X X Extracts X X X X ..... he said action is directly in the teeth of the direction of this Court in Writ Petition [2013 (3) TMI 717 - ANDHRA PRADESH HIGH COURT] whereby, the Revenue was restrained from initiating coercive steps for recovery of the amounts due under the order-in-original dated 28-6-2011 till the disposal of the stay application by the CESTAT, Bangalore. It is not in dispute that the stay application is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. ORDER [Order per : Sanjay Kumar, J.]. - The action of the Assistant Commissioner of Customs, Excise Service Tax, Nalgonda Division, Nalgonda, in issuing recovery notices dated 5-3-2014 attaching the bank accounts of the petitioner-company in Canara Bank, Raj Bhavan Road Branch, and State Bank of India, Raj Bhavan Road Branch, is under challenge in this writ petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjournment sought by the learned counsel for the petitioner-company under the letter dated 17-12-2013 on the ground of ill-health, it was adjourned to 27-3-2014. However, the CESTAT observed that as the matter was adjourned at the instance of the appellant, the Revenue would be at liberty to realize the adjudicated liability in accordance with law. 4. Apart from the fact that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed in Writ Petition No. 7925 of 2013. The impugned recovery notices dated 5-3-2014 are thus wholly unsustainable and are accordingly set aside. 6. The petitioner-company shall proceed with the hearing of the stay application on 27-3-2014 before the CESTAT without seeking further adjournment. 7. The writ petition is allowed. In consequence, pending miscellaneous petitions, if any, shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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