1990 (7) TMI 116

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..... Central Excise (Appeals), Bombay has disposed of the applications for stay of the order passed by the Assistant Collector of Central Excise duling pendency of the appeal without giving them an opportunity of being heard. The petitioners also complain that consequently because of the failure to comply with the provisions of Section 35F of the Central Excises and Salt Act, 1944 the appeal was dismi .....

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..... disposed of by the Collector of Central Excise (Appeals) without giving any hearing to the petitioner and holding that he was not satisfied that pre-deposit required under Section 35F of the Excise Act would cause undue hardship to the petitioner as to warrant a waiver of the same. As a consequence of the failure of the petitioner to deposit the amount confirmed by the Assistant Collector, the app .....

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..... d the stay application and pass order adverse against the petitioners. The authority should realise that an application for stay is a proceeding independent of the appeal filed against the order of the Assistant Collector. The Collector of Central Excise (Appeals) shall hear the parties when an application for stay is filed, and only after hearing the oral submissions should dispose of the stay ap .....

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