2017 (5) TMI 182

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..... rs that if the bank guarantee is invoked and the bond is enforced, the stay application filed by the petitioners before the Tribunal would be rendered infructuous - Held that: - in the absence of the Division Bench of the Tribunal, the petitioners for no fault of their own, cannot be rendered remediless. Under the circumstances, the court is of the view that the interests of justice would be serve .....

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..... 2016 passed by the Principal Commissioner, Central Excise Customs, the petitioners had preferred an appeal before the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal ) and that along with the appeal, the petitioners have also preferred a stay application, which for some reason or the other has not been decided till date. It is further the case of the .....

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..... the Division Bench of the Tribunal is not available and hence, the stay application filed by the petitioners is not being heard and decided. 4. In view of the aforesaid position which is prevailing, namely, that the Division Bench of the Tribunal which is required to adjudicate the appeal and decide the stay application filed by the petitioners, is not available, the stay application filed by t .....

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