- (1.) HEARD learned counsel for the parties.
(2.) LEARNED counsel for the respondents pointed out that in all connected matters including in these matters, the petitions have been entertained finding the position that because of the circular issued by the Central Government that in case where appellate authority or the revisional authority has not passed any interim order within a period of one month then recovery may be started and this Court found that in most of the places in the entire country the appellate authorities were not functional, number of High Court already passed interim orders against such recoveries. However, in these cases, according to learned counsel for the respondents, the petitioner's stay petitions have already been dismissed for non-prosecution. Thereafter, their appeals were also dismissed. The petitioner's then moved application for restoration of the appeals, which are now pending and next date fixed is 11th July, 2013. It is submitted that therefore facts of these cases are entirely different and, therefore, interim orders may be vacated and writ petitions may be dismissed. Learned counsel for the petitioner submitted that the connected petitions, which were also dismissed, have been restored by the same authority, which are four in number and these matters are likely to be taken on 11th July, 2013. Therefore, in that situation, the stay may not be vacated.
(3.) CONSIDERING the submission of learned counsel for the parties, we are disposing of these writ petitions with directions to the CESTAT to decide the restoration application of the writ petitioner on 11th July, 2013 or within a reasonable period and if the petitioner's appeals are restored by the CESTAT then petitioner's application for interim relief, if appeal itself cannot be decided may be considered and appropriate order may be passed and that order shall be binding and interim order dated 7th February, 2013 passed in these writ petitions shall continue till any order is passed on restoration application and if needed on petitioner's stay petition. It is expected from the CESTAT that if the appeals of the writ petitioner are restored then the stay petition will be considered, if appeal are not decided, and it should not be beyond the period of 30 days.;