NAYAR AND NAYAR PVT LIMITED Vs. CEGAT

JUDGEMENT

(1.) In this writ petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the interim stay order passed by the Appellate Tribunal under Section 35-F of the Central Excises and Salt Act.

(2.) Feeling aggrieved by an order dated 28.8.1989 passed by the Additional Collector, Central Excise, Allahabad, by which he had confirmed the demand of Rs. 2,65,705.65 p. besides a penalty of Rs. 5000/-, the petitioner filed an appeal before the Appellate Tribunal under Section 35-B of the aforesaid Act. In this appeal, the petitioner filed an application for interim stay. The appellate Tribunal considering the equities for and against the petitioner, granted waiver of the deposit of the aforesaid amount subject to appellants' depositing a sum of Rs. 1,00,000/- in cash within 8 weeks of the date of receipt. The petitioner not feeling satisfied with the said order has filed this writ petition.

(3.) We have heard the learned Counsel for the petitioner and the learned standing counsel and have perused the material on the record.