MAHENDRA ENGINEERING WORKS Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) THE Order of the Court is as follows :- THE relief prayed for in all the writ petitions are same and hence a common order is passed. THE relief prayed for is to comply with the orders of the Collector of Customs and Central Excise (Appeals), Trichy setting aside the order of the lower authority and held that the petitioners will be eligible to the benefits of Notification 64/86 and received stampings and lamination under Chapter X procedure and to direct the second respondent to grant L6 Licence to the petitioner. It seems these orders were passed in August, 1991. In pursuance of the orders the petitioners filed applications in form A. L. 6 in September, 1991 to the third respondent for grant of licence in compliance with the orders of the Appellate Authority. Since the petitioners have not been favoured with any reply and on the ground that the respondents have not taken any action on the request, the petitioners are before me.

(2.) AFTER hearing the arguments of Mr. Sashidharan, learned counsel for the petitioners, it seems the petitioner has been informed orally that the directions of the Appellate Authority would not be complied with since the Department has filed an appeal against the order of the Appellate Authority before the Customs, Excise and Gold (Control) Appellate Authority, hereinafter called the CEGAT. It is stated by the learned counsel for the petitioner that till date the petitioners have not been informed of any such appeal and till date no order of stay has also been passed by CEGAT by way of suspending the orders which are still in force. Learned counsel contends that on the principles laid down by the Apex Court of the Land in that judicial discipline would require that the authorities are bound by the decision of the Tribunal or the Appellate Authority and as such wants this Court to issue a writ ofmandamusas prayed for.