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2018 (9) TMI 309

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..... order - Held that:- It is well settled that interim order, merge with the final order. On the issue of merger, reference can be made to decision in the case of South Eastern Coalfields Ltd v. State of M.P. and others [2003 (10) TMI 638 - SUPREME COURT OF INDIA] - appeal dismissed.
MR. S. MANIKUMAR AND MR. V. BHAVANI SUBBAROYAN, JJ. For The Petitioner : Mr. M. N. Bharathi For The Respondent : .....

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..... n filed against the final order of CESTAT, Chennai. Post on 23.04.2018." 2. Mr.M.N.Bharathi, learned counsel for appellant submitted that appeal in E/425,426/2010, in the matter of M/s.Metal Weld Electrodes Vs. Commissioner of Central Excise, Chennai IV, has been dismissed on 12.06.2014. Order reads thus: "By stay Order Nos.595-596/2012, dated 19.07.2012, the Tribunal directed the applicant .....

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..... f the Tribunal." 3. From the above, it is clear that interim order made in E/S.223/2010 dated 24.07.2012, of CESTAT, Chennai has merged with the final order in E.425, 426/2010, dated 12.06.2014. 4. In view of the subsequent order made in E/425,426/2010 dated 12.06.2014, we are not inclined to delve further to the challenge made to an interim order. It is well settled that interim order, merge w .....

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..... uation in which it would have been if the interim order would not have been passed against it." (ii) In Prem Chandra Agarwal and another v. Uttar Pradesh Financial Corporation and Others reported in (2009) 11 SCC 479, the Hon'ble Supreme Court held that once a final order is passed, all the earlier interim orders merge into the final order, the interim orders cease to exist. (iii) In Stat .....

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