( 1 ) THE petitioner has filed this writ petition for a writ of mandamus directing the respondents not to recover the amount of duty and penalty, against which he has filed an appeal alongwith application for stay-cum-waiver. ( 2 ) FROM paragraph 7 of the writ petition it is apparent that tomorrow (26th May, 1995) is the date fixed for decision of appeal. The grievance of the petitioner is that he has fixed a date for disposal of the appeal without deciding the application for stay-cum-waiver. The said prayer is rejected. There may not be any necessity to pass any order on the stay application. This petition is, therefore, dismissed. ( 3 ) WE hope and trust that the appeal will be decided in accordance with law by the appellate authority expeditiously. .