High Court of Judicature at Allahabad
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M/S Regency Hospital Limited Thru' Managing Director Dr.Atul v. Customs, Excise & Service Tax Appellate Tribunal & Others - CENTRAL EXCISE APPEAL No. 15 of 2007  RD-AH 1767 (5 February 2007)
Hon'ble Amitava Lala, J.
Hon'ble V.C. Misra, J.
The appellant contended before this Court by making stay application that no inspection was done in spite of the earlier Division Bench order dated 10th February, 2005 passed in Central Excise Appeal No. 17 of 2005 (M/s. Regency Hospital Ltd. Vs. The Union of India and others), whereby a direction was given by the Division Bench as follows:
"Meanwhile it is open for the respondent to comply with earlier High Court order for holding joint inspection in accordance with law if not already done."
However, the original writ petition was disposed of. In any event an order has been passed by the CESTAT on 07th August, 2006, which is under challenge before this Court.
The contention of the appellant is that no inspection was made pursuant to the earlier order and the impugned order has been passed ignoring the same. However, before admitting the appeal we want to get reply from the authorities by way of exchange of affidavits. Therefore, keeping the admissibility open following directions are given.
Counter affidavit will be filed by 09th March, 2007. Rejoinder, if any, will be filed by 16th March, 2007. The matter will appear in the list in the week commencing from 19th March, 2007.
However, operation of the order impugned herein being dated 07th August, 2006 will remain stayed till further order/s to be passed by this Court subject to deposit of 50% of the awarded amount of Rs. 38,45,193/- to the authorities within a period of six weeks from this date.
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