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HARISH CHANDER, P.K.KAPOOR
Khusal Confectionary & Pharma Ltd. – Appellant
Versus
Collector of Central Excise, Chandigarh – Respondent


Advocates Appeared:
Archana Wadhwa,Mohan Lal

ORDER

Per Harish Chander:

Misc. Application

By the present application the applicants have made a prayer for restoration of the stay application No. E/Stay/697/94-D. Mrs. Archana Wadhwa, Id. Advocate appeared on behalf of the applicants and pleaded that the stay application was dismissed for non-prosecution and she had filed an application for adjournment for the stay matter as the applicants intended to file more papers. She pleaded that she was under the bonafide belief that she had applied for adjournment and as such she did not appear on the date of hearing. She pleaded that in case the stay application is not restored the applicants shall suffer an irrepairable loss and even there is no bar for filing the fresh stay application. Shri Mohan Lal, Id. JDR who appeared on behalf of the respondent has no objection for restoration of the stay application.

2. We have heard both sides and have gone through the facts and circumstances of the case. The applicants had applied for adjournment vide application dated 20th July, 94. We have perused the application which was received in the Registry on 20th July, 94. There is no negligence on the part of the applicants. We are satisfied that the

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