Hyderabad v. Somajiguda, Hyderabad, rep., by its Managing Director

THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N. RAVI SHANKAR C.E.A.No.277 of 2010 Dated: 06-06-2012 ORAL ORDER: (Per: GR,J) This Central Excise Appeal filed under Section 35G of the Central Excise Act, 1944 (for short ‘the Act’) is preferred by the Revenue against the order No.1803/2009 dated 29-12-2009 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Bangalore (for short ‘the Appellate Tribunal’) whereby the Appellate Tribunal granted waiver of pre-deposit of the amounts adjudicated by the adjudicating authority for enabling the respondent to prefer an appeal without complying with the statutorily enjoined condition of pre- deposit. The Appellate Tribunal also granted stay of recovery of the service tax and penalty as determined by the adjudicating authority. It is now represented by Sri A. Rajashekar Reddy, learned counsel that the Appellate Tribunal has disposed of the substantive appeal preferred by the respondent viz., ST/476/2009 on 14-05-2012. In the circumstances, the grievance presented in the present appeal no longer survives for adjudication. In view of this development, this appeal is dismissed as infructuous. No costs. __________________________ JUSTICE GODA RAGHURAM ____________________________ JUSTICE N. RAVI SHANKAR Dated: 06-06-2012 Pvks/*