- (1.) Brief case of petitioners is that it filed an appeal alongwith the stay application against an order of the Assistant Collector, Central Excise in April, 1995. It is submitted that the stay application was not decided but the appeal was heard finally in 27-7-1995, decision in which is yet to be pronounced.
(2.) The grievance of petitioners is that without awaiting decision in appeal, recovery proceedings were initiated by respondent No. 3 and petitioners' goods were detained on 2-11-1995.
(3.) When the petitioners made stay application alongwith memo of appeal as early as April, 1995, it was the duty of the appellate authority to decide the stay application then and there. If the stay application was not decided and the appeal was heard, it was the duty of the appellate authority to decide the appeal without delay and further it is reasonable for respondent No. 3 to await appeal decision before proceeding with the recovery.;