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Shyam Biri Works (Pvt.) Ltd. vs Union Of India (Uoi) And Ors.

High Court Of Judicature at Allahabad|20 August, 1990

JUDGMENT / ORDER

JUDGMENT
1. The main grievance of the petitioner is that though it filed an Appeal along with the stay petition on 9.1.1990 against the order of adjudication dated 27.11.1989, no orders have been passed so far either on the appeal or on the stay petition. We cannot say that the appeal ought to have been disposed of within this short time but we are of the opinion that some orders ought to have been passed on the stay petition, particularly when proceedings for recovery of the disputed duty are said to be proceeding ahead against the petitioner. It is further brought to our notice that the appellate authority at Allahabad is now on leave and it is not certain when he would be present here. We, however, presume that some incharge arrangement must have been made. Be that as it may, we direct that the appellate authority (or the Incharge of that office, as the case may be) shall dispose of the stay petition within a period of two months from the dale of production of a certified copy of this order before him. The certified copy of this order shall be produced by the petitioner before the appellate authority within one week from today. If it is so produced, the recovery of the disputed duty and penalty in pursuance of the order of adjudication aforesaid shall remain stayed pending disposal of the stay petition.
2. The writ petition is disposed of with the above observations. If the certified copy of this order is not produced within the time specified above or if the statement of the petitioner with respect to its filing of appeal and stay petition is not true this order shall not be operative.
3. A copy of this order may be given to the learned Counsel for the parties on payment of usual charges within 48 hours accordingly to the Rules.
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Title

Shyam Biri Works (Pvt.) Ltd. vs Union Of India (Uoi) And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
20 August, 1990
Judges
  • D J Reddy
  • R Misra