YESHANAND FILAMENTS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The grievance made in this Petition is that although the Petitioner is more than willing to pursue his remedy of appeal before the Central Excise Tax Appellate Tribunal, however no Bench is available at Mumbai as of now.

(3.) The fact that no Bench of Tribunal is available at Mumbai is not in dispute. In this situation, in the interest of justice, we dispose of this Petition with direction to the Respondents not to give effect to the order dated 13th March, 2007 passed by the Deputy Commissioner, Central Excise Customs, Aurangabad-II Division in Original No. 50/DMD/2006 and the order dated 19th February, 2009 passed by the Commissioner of Central Excise and Customs (Appeal) in Appeal No. JAK (12)197/09 till the regular or circuit Bench becomes available at Mumbai or till the stay application of the Petitioner filed in the Appeal presented before the Mumbai Bench of the Tribunal is proceeded, whichever is earlier. In other words if the circuit Bench or regular Bench of the Tribunal becomes available, within one week from such constitution of the Bench, the Petitioners would take steps to move the concerned Tribunal for consideration of stay application and/or admission of the Appeal as the case may be, failing which the interim protection given to the Petitioners would stand automatically vacated.