STERLITE INDUSTRIES LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) The appellants had been granted waiver of pre -deposit by Stay Order No. 639/2002, dated 25 -10 -2002 and the appeal had been directed for early hearing. The matter is still pending and the appeal is to come up for hearing on 18 -3 -2004. Meanwhile, the Revenue, has initiated recovery proceedings by issue of letter dated 13 -1 -2004 by the Assistant Commissioner, Tuticorin Division. Hence the appellants have filed this application seeking for extension of stay.

(2.) Heard both sides.

(3.) As the main appeal has been listed for out of turn hearing, Revenue should not have proceeded to recover the amount till the disposal of the appeal. There shall be no recovery and the stay granted in the matter is extended till the disposal of the appeal. Copy of the order may be issued by hand to the counsel.