SHREE CEMENT LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) This is an application of M/s. Shree Cement Ltd. praying for staying of recovery of interest.

(2.) We heard Shri B.L. Narsimhan, learned Advocate and Shri U. Raja Ram, learned Departmental Representative. Under Section 35F of the Central Excise Act, the requirement is to deposit the duty or penalty before the Appeal is heard under the provisions of the Act. As the present stay application is in respect of interest, the same is not maintainable. The said petition is therefore, dismissed as not maintainable. The Appeal is posted for regular hearing on 11 -7 -2003.