ASHOK JAIN Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Heard Mr. R.K. Handoo, learned Counsel for the Petitioner and Mr. Satish Kumar, learned Counsel for the Central Excise.

(2.) Invoking the extraordinary jurisdiction of this Court, the Petitioner has prayed for issue a writ of certiorari for quashing of the order No. 849-852/10/excise dated 1st November, 2010 whereby the tribunal directed the Petitioner to deposit Rs. 4 crores as a condition precedent for hearing of the appeal.

(3.) It is submitted by Mr. R.K. Handoo, learned Counsel for the Petitioner that the tribunal has fallen into grave error by not waiving the entire amount and directing such a huge sum to be deposited. It is urged by him that the tribunal has misinterpreted the concept of handicap as enshrined in the provision inasmuch as the said aspect in its ambit and sweep would include the merits of the case as well as the financial hardship.