TMI Blog1997 (12) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... 97, passed by Commissioner (Appeals) (Annexure P.5). 2. It is not in dispute, that Petitioner's Appeal is still pending disposal on merits. While disposing of the Petitioner's application for grant of stay, filed along with the Appeal, under Section 35F of the Central Excise Act, the Commissioner (Appeals) has rejected the Petitioner's stay application and also directed that in case Petitioner f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferably within a period of four months hereof. However, it is clarified that instead of dismissing the Petitioner's Appeal, for non-compliance, it is directed that Respondents shall be at liberty to proceed to recover the amount from the petitioner as adjudicated upon by the Adjudicating Authority. 5. With these observations this Petition stands finally disposed of, but, with no order as to cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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