High CourtsDivision Bench

Arsh Castings Private Limited vs Union of India (UOI)

Punjab And Haryana At Chandigarh · Decided on 30 January 1995 · Citation: (1995) 60 ECR 421 : (1996) 82 ELT 205

HON’BLE JUDGES
S.P. Kurdukar, C.J · Swatanter Kumar, J
CASE NUMBER
Civil Writ Petition No. 17240 of 1994
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Judgment

5 paragraphs · 231 words
1.

Admitted.

2.

It is not necessary to file written statement since challenge in this writ petition is to the orders Annexures P-7 and P-8 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi. By consent, the writ petition is placed on board and called out for hearing.

3.

We have heard learned counsel for the parties and perused the order dated 5-8-1994 (Annexure P-7) and order dated 26-10-1994 (Annexure P-8).

4.

It is contended on behalf of the petitioner that the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi had not taken into consideration the financial position of the petitioner and as such the petitioner is unable to comply with the impugned orders. We have gone through the record and are satisfied that this is a fit case where some concession should have been granted. We are told that the petitioner has complied with our order dated 1-12-1994. If that being so, the Appellate Tribunal (CEGAT) would entertain the appeal and will hear the petitioner on merits. The amount deposited by the petitioner and the solvent security furnished by him to continue till the disposal of the appeal. Petitioner to appear before the Appellate Tribunal on 13-2-1995 whereupon the Appellate Tribunal to fix the date of hearing.

5.

Writ petition to stand disposed of in the above terms. In the circumstances no order as to costs.