K.G. DENIM LIMITED Vs. CESTAT, CHENNAI

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India for a writ of Mnadamus directing the second respondent to release the duty drawback amounts sanctioned to the petitioner on various dates but withheld without any authority of law and not to take any recovery proceeding against the petitioner till the disposal of stay petition filed by the petitioner in No. C/S/266 -2011 in C/357/2011, dated 23 -11 -2011 before the first respondent. Heard Mr. S.P. Maharajan, learned counsel for the petitioner and Mr. R. Aravindan, learned counsel, who takes notice for the second respondent.

(2.) BY consent, the writ petition itself is taken up for final disposal.

(3.) BUT the first respondent/the Appellate Tribunal is not sitting for quite some time due to want of quorum. Unless, the vacancy occurred in the office of the first respondent is filled up, the Tribunal will not be in a position to transact its official business, by holding a public hearing. Under this circumstance, the petitioner has come to this Court apprehending that taking advantage of the fact, the second respondent is coercing the petitioner to pay the demand confirmed in the Order -in -Original passed by the second respondent.