Ronak Dyeing Ltd. Vs. Cce - Court Judgment

Excerpt:
1. it is seen that the appeal was disposed of by a bench of two members under order no. c-ii/251/wz13/2003 dt. 15.2.2003. misc. application is filed without referring to the disposal of the appeal but praying for extension of stay as if the appeal is pending. unfortunately, this mistake was not brought to the notice of the bench which referred the issue by the dr also. under these circumstances, the reference was made in a case when the appeal itself was not pending. we, therefore, send back the matter to the bench which referred the issue for passing appropriate orders on the misc. application.

Judgment:
1. It is seen that the appeal was disposed of by a Bench of two Members under order No. C-II/251/WZ13/2003 dt. 15.2.2003. Misc. application is filed without referring to the disposal of the appeal but praying for extension of stay as if the appeal is pending. Unfortunately, this mistake was not brought to the notice of the Bench which referred the issue by the DR also. Under these circumstances, the reference was made in a case when the appeal itself was not pending. We, therefore, send back the matter to the Bench which referred the issue for passing appropriate orders on the misc. application.