COCO FOAM INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been filed against the orders passed by the Superintendent, Central Excise, Sikandrabad, District Bulandshahr. The impugned order dated 29.11.1989, (Annexure-6) is an order passed by the Superintendent asking the petitioner to apply for a licence for compounded rubber and observe all central excise formalities and clear goods on payment of excise duty. The impugned order dated 1.3.1990 (which is Annexure 9 to the writ petition) asked the petitioner to submit certain information. The impugned order dated 19/20.2.1991 Annexure 11 to the writ petition, asked the petitioner to obtain a central excise licence and submit certain information. The order dated 9.4.1991 (Annexure 19 to the petition) again asked the petitioner to obtain a licence and file classification/price list. The notice dated 26/27.6.1991 again asked the petitioner to obtain licence and fulfil the formalities.

(3.) All these orders can be challenged before the Commissioner, Central Excise under Section 35 of the Central Excise Act. Hence the petition liable to be dismissed on the ground of alternative remedy.