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2018 (12) TMI 334

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..... and the matter was remitted back to the Appellate Authority for passing fresh orders in the stay petition. It is true that the stay petition was dismissed by the Appellate Authority and the appeal itself was heard and reserved for orders. As the fact remains that 20% of the total demand has been recovered from the petitioner in pursuant to the impugned order dated 11.10.2018, this Court is of the view that interest of justice would be met, if the respondents are directed not to make any further recovery till an order is passed by the Appellate Authority in the appeal filed by the petitioner, which is reserved for orders on 25.09.2018. The first respondent-Appellate Authority shall pass orders in the appeal within a period of 12 week .....

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..... . 4. This Court disposed of the said writ petition on 09.08.2018 by allowing the writ petition and setting aside the impugned order and consequently, remitting the matter back to the Appellate Authority to pass fresh orders on the stay petition within a period of two weeks. Thereafter, the Appellate Authority, by order dated 24.09.2018 rejected the stay petition by posting the appeal itself for early hearing. It is stated that the Appellate Authority thereafter heard the appeal and reserved the matter for orders on 25.09.2018. In pursuant to the disposal of the stay petition by the Appellate Authority on 24.09.2018, the present impugned communication was issued by the second respondent on the reason that the Appellate Authority has di .....

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..... he view that interest of justice would be met, if the respondents are directed not to make any further recovery till an order is passed by the Appellate Authority in the appeal filed by the petitioner, which is reserved for orders on 25.09.2018. Therefore, this writ petition is disposed of as follows: (a) The first respondent-Appellate Authority shall pass orders in the appeal within a period of 12 weeks from the date of receipt of a copy of this order, since it is stated that there is some change of officer. (b) Till an order is passed by the first respondent in the appeal as stated supra, no further recovery shall be made from the petitioner in pursuant to the impugned order. (c) The respondents 2 and 3 are also directed not to t .....

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