CHOICE LABORATORIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the petition. Petitioners have challenged an order dated 5-4-2011 passed by the Joint Secretary to the Government of India.

(2.) Brief facts leading to the present petition are as follows :

(3.) The adjudicating authority had passed an order dated 29th March, 2004 confirming the certain duty and imposing penalty as well as personal penalties. The petitioners challenged such order before the appellate Commissioner. Petitioners appeal was dismissed on 16-3-2005. Against the order of the appellate Commissioner, the petitioner preferred further appeal before CESTAT on 31-5-2005. Along with the appeal, the petitioners had also prayed for stay. Such stay application was partially allowed. By an order dated 9-8-2005 and in view of the previous deposit by the petitioners of Rs. 7 lacs, rest of the demand was stayed.