LAWS(GJH)-2000-2-104

CHETAN Y. VORA Vs. UNION OF INDIA

Decided On February 08, 2000
Chetan Y. Vora Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE petitions are arising out of one common adjudication order and hence, both these petitions are disposed of by this common judgment.

(2.) PETITIONERS who were the directors of the Company known as M/s. V. P. Polycon Ltd., have preferred these applications, being aggrieved by an order made by respondent no. 2 on 15.2.1999, the copy of which is placed on record at pages 66 and 67. By the said order, the application submitted under Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme') were rejected.

(3.) M /s. V. P. Polycon Ltd., a ., under the provision of Rule 9(2) of the Central Excise Rule 1944 read with proviso to Section 11(A)(1) of the Central Excise Act 1944, Petitioner of Special Civil Application No. 2940/99 was directed to pay the penalty in the sum of Rs. 5 lacs under Rule 209(a) of the Central Excise Rules 1944, while Shri Sohanlal Agarwal the petitioner of Special Civil Application No. 2941/99 was ordered to pay the penalty of Rs. 10 lacs under the provision of Rule 209(a) of the Central Excise Rules. By the said order, Shri V. D. Shukla was also ordered to pay the penalty of Rs. 10,000/ -. Petitioners and said Shri Shukla approached Central Excise and Gold Control Appellate Tribunal, Mumbai by preferring appeals No. E 2798, 2799 and 2800 all of 1998. Alongwith the stay applications, the appeals preferred by these petitioners are pending till this date. Learned advocate appearing for the petitioners submitted that the orders passed by respondent no. 2 are required to be quashed as respondent no. 2 has not applied his mind to the facts of the case and committed an error in rejecting the applications.