LAWS(GJH)-1999-7-79

METROCHEM INDUSTRIES LTD. Vs. UNION OF INDIA

Decided On July 02, 1999
Metrochem Industries Ltd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

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

(2.) THIS petition is filed for an appropriate writ, order or direction quashing and setting aside the stay Order No. 390 of 1999 dated 18th March, 1999.

(3.) VARIOUS contentions were raised by Mr. Dave, learned counsel for the petitioner. It is, however, not necessary to enter into the merits of the matter in view of the fact that the appeal is pending before the appellate authority. Mr. Dave, however, submitted that a notification No. 15 of 1994 was issued by the department on 30th March, 1994. The said notification, inter alia, required certain particulars to be submitted in accordance with the provisions of Rule 57G of the Central Excise Rules, 1944. He stated that it is not even the case of the appellate authority that there was a breach or non -compliance of the said Notification No. 15 of 1994. In para 5 of the impugned order, the appellate authority observed as under : -