ORDER
1. This application is for waiver of pre-deposit of duty and penalty amounts and for stay of recovery thereof, pending the captioned appeal. This application arises in an appeal which involves issues relating to modvat credit. The very maintainability of appeal is at stake before the larger Bench in a matter referred from this Bench, in the case of Kissan Sahkari Chinni Mills Ltd. Therefore, the prayer for waiver of pre-deposit in the present application cannot be considered till the maintainability of the appeal itself is settled. However, with regard to the prayer for stay of recovery, there will be an Interim stay recovery of the duty and penalty amounts till final disposal of the present application, in the interest of justice. The application is posted to 7.8.2001 for consideration of the prayer for waiver.