(1.) THE Appellant has moved an application registered as M.A. (ROM) No. 64/2009 asking for modification of order dated 17 -6 -2009 : [2009 (16) S.T.R. 310 (Tri. -Del.)] passed by the Tribunal, reducing penalty and thus allowing the appeal partly, but confirming the service tax demand. The Appellants plea in this application is that the stay granted earlier should have been extended on 17 -6 -2009 without disposing the appeal.