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Santani Sales Organisation v. CESTAT, New Delhi

Delhi High Court
May 23, 2017

[Order]. - C.M. No. 19848 /2017 (Exemptions) : Allowed subject to all just exceptions.

W.P. (C) No. 4551/2017 & C.M. No. 19847/2017 (stay)

2. Issue notice to the Respondents. Mr. Rajender Sahu, the learned counsel accepts notice for respondent No. 3.

3. It has been explained by Mr. Mittal, the learned counsel for the petitioner that CESTAT is made party only because the circular dated 27th April, 2017 has been challenged before this Court. The Registrar of the CESTAT will file an affidavit on this aspect at least a week prior to the next date.

4. Notice be served on respondents No. 1 and 2 through ordinary process as well as Dasti.

5. Till the next date of hearing, there shall be stay of the order dated 20th April, 2017. In other words, the appeal before the CESTAT can continue without insisting on the petitioner paying the pre-deposit amount beyond an aggregate of 10%. The circular dated 27th April, 2017 will also be not given effect qua the petitioner till the next date.

6. List on 18th August, 2017.