FAIRDEAL SUPPLIERS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE. Mr. Harin Raval waives service of Rule for the respondents. In the facts and circumstances of the case, the petition is taken up for final disposal today.

(2.) THIS petition under Article 226 of the Constitution is directed against the order dated 27. 08. 2007 of the Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad Bench on Stay Application No. 938 of 2007 in Customs Appeal No. 353 of 2007.

(3.) SINCE the impugned order is an order for pre-deposit passed by the Tribunal under Section 129 (B) of the Customs Act, 1962, we do not propose to set out all the factual details or the rival contentions of the learned counsel for the parties. Suffice it to state that against the duty amount of Rs. 57,38,518/- confirmed by the adjudicating authority, the petitioner preferred an appeal before the Tribunal. By the impugned order, the Tribunal has directed the petitioner to make pre-deposit of Rs. 40 lacs within stipulated time limit which was last extended upto 02. 01. 2008. In the meantime, the petitioner moved this Court by filing the present petition.