BAJAJ ELECTRICALS LTD Vs. M BHADWAN

JUDGEMENT

(1.) On April 20, 1978 we passed an Order in C.M. Nos. 2497 of 1975 and 36 of 1976 restraining the respondents from requiring the Petitioner Company to obtain a licence under the Central Excises and Salt Act or the Rules framed thereunder in pursuance of the communications Annexures 'L' and 'M' to the Writ Petition, subject to this condition that the Petitioner Company shall furnish monthly statements of purchases made by it from various manufacturers pending disposal of the Writ Petition.

(2.) In May 1978, the Petitioner Company moved a Petition under Sections 11 and 12 of the Contempt of Courts Act, 1974, alleging that the respondents Union of India had violated our order dated April 20, 1976 and was thus guilty of Contempt.

(3.) It appears that on April 6, 1978, April 12, 1978, April 18, 1978 and May 2, 1978 the Superintendents Central Excise issued letters to the manufacturers who were manufacturing goods for the petitioner company, informing them that they were not entitled to exemption and that the goods they manufacture will not be cleared without payment of Excise under the Government's Notification No. 71/78-D, dated 1st March, 1978.