ARYAN FINEFEB LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED Advocate Mr. S. N. Thakkar, originally representing the petitioners, has invited attention to order dated 24. 04. 2001 made by this Court in Company Petition No. 94 of 1996 and cognate matters to point out that the petitioner Company has been ordered to be wound up and hence the learned Advocate would not be in a position to represent the petitioner Company unless and until so directed by the Official Liquidator.

(2.) IN the aforesaid circumstances, the Court would have, in normal circumstances, issued notice to the Official Liquidator. However, it is an accepted position that the dispute raised in the present petition is no longer res integra. By a judgment and order dated 04. 07. 2006 rendered in case of M/s. Gopal Iron and Steel Co. , (Gujarat) Ltd. Vs. Union of India in Special Civil Application No. 8387 of 2003 and cognate matters this Court has upheld the validity of provisions of Rule 3 brought into effect after exercise of the powers conferred u/s. 3a (2) of the Central Excise Act,1944. In the circumstances, the petition is required to be rejected for the same reasons as recorded in judgment dated 04. 07. 2006 in Special Civil Application No. 8387 of 2003 and cognate matters.

(3.) THE Court has adopted the aforesaid course of action for the simple reason that even at the time of admission of the present petition an order was made to hear the petition along with Special Civil Application No. 1784 of 1999 and cognate matters. Accordingly, the petition is rejected. Rule discharged. There shall be no order as to costs.