GUJARAT STEEL TUBES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE , Mr. Jayant Patel for Mr. P. B. Majmudar waives service for the respondents. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) THIS petition is for an appropriate writ, direction and order for quashing and setting aside the orders passed by the appellate authority dated 17th March, 1999 on the Stay Order No. 381 of 1999 and dated 25th March 1999 on Misc. Order No. 11 of 1999.

(3.) MR . Dave, learned counsel for the petitioner contended that there is a total non -application of mind on the part of the appellate authority in not considering the trade notice No. 62/CE/95 dated 28th November, 1995 issued by the Commissioner of Central Excise, Chandigarh. It was stated that even if necessary particulars which were required to be submitted were not submitted by M/s. Steel Authority of India Limited (SAIL), the customer should not suffer and necessary particulars can be had from SAIL. Even though the above fact was brought to the notice of the appellate authority, there is no whisper about that fact or the trade notice in the stay order of the appellate authority. It was, therefore, submitted that the order deserves to be quashed and set aside. Mr. Dave submitted that this is eminently a fit case in which either the appellate authority may be directed not to insist on pre -deposit amount and decide the appeal on its own merits in accordance with law or to direct the appellate authority to afford personal hearing in view of peculiar facts and circumstances of the case and to pass appropriate order since this is a third round of litigation in which the petitioner have to approach this Court.