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TMI Blog2016 (2) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... e of hearing of the stay petition fixed by the Tribunal, it is open to the Tribunal to decide the application, for waiver of pre-deposit, on its merits without granting any further adjournment to the petitioner - petition disposed off. - W.P. No. 5134 of 2016 - - - Dated:- 23-2-2016 - Ramesh Ranganathan and M. Satyanarayana Murthy, JJ. Shri Srikanth, Advocate, for the Petitioner. Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled an application seeking waiver of pre-deposit. In the order impugned in this writ petition, the Tribunal observed that adjournment of hearing of the stay application was filed by the appellant on several previous occasions for one reason or the other; on 29-1-2015, hearing was adjourned to 23-2-2015; when the stay application was taken up, after issuing notice to the appellant, the appellant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he request made by the counsel at Hyderabad was for an adjournment, as the senior counsel from Bangalore was unable to come for the hearing; the appeal was originally filed before the CESTAT, Bangalore, and was transferred from there to CESTAT, Hyderabad; and, in such circumstances, another opportunity should be granted to the petitioner to put forth their submission in the application filed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earliest. It is made clear that, if the petitioner does not appear and put forth their arguments on the next date of hearing of the stay petition fixed by the Tribunal, it is open to the Tribunal to decide the application, for waiver of pre-deposit, on its merits without granting any further adjournment to the petitioner. 6. The writ petition is, accordingly, disposed of. The miscellaneous peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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