JALAN CASTINGS P LTD Vs. COMMISSIONER CENTRAL EXCISE

JUDGEMENT

(1.) This writ petition has been filed with a prayer for mandamus directing respondents to decide the petitioners application under Section 3A(4) of the Central Excise Act and not to take coercive measures against the petitioner before determining the actual production under Section 3A(4) of the Act.

(2.) We have heard learned counsel for the petitioner and Shri Surya Prakash Kesarwani for the respondent.

(3.) The petitioner is engaged in the manufacture of M.S. Casted Blooms. A provisional determination and final determination was made under Section 3A(1) of the Act, copies of which are Annexures 1 and 2 to the petition. Against the said determination the petitioner made a representation dated 20-11-1998, copy of which is Annexure 3 to the petition. It also made a written submission vide Annexure 5 to the petition. The petitioner wrote a letter dated 29-11-1999 to the Commissioner, Central Excise, Allahabad praying for a re-determination under Section 3A(4) vide Annexure 6 to the petition. However, no action was taken in respect of the same and hence this writ petition has been filed.