MAHESH I HARLALKA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been moved seeking restoration of the main petition being Special Civil Application No. 9768 of 2008. The principal ground on which the learned advocate for the applicant petitioner seeks restoration of the main petition is that the Tribunal has no power to allow the applicant to withdraw the stay application in terms of Section 35 -F of the Central Excise Act, 1944 (the Act).

(2.) HAVING gone through Section 35 -F of the Act, it is apparent that no such prohibition as is being read by the applicant exists in Section 35 -F of the Act. There can be no compulsion on anyone to continue with an application filed under Section 35 -F of the Act, if the applicant does not desire to pursue the application at any stage. Hence, this application is misconceived and is rejected accordingly.