UNION OF INDIA Vs. DABHOL POWER COMPANY

JUDGEMENT

(1.) Heard Shri Sorabji, learned Attorney General for the petitioner and Shri Shreedharan, learned Counsel for the Respondents.

(2.) The petitioner is aggrieved by the order passed by CEGAT on 28th December, 2001 under the provisions of Sec. 129E of the Customs Act, 1962 which was passed in appeal preferred by the respondent against the order of the Commissioner of Customs, dated 12th November, 2001. The impugned order has permitted the appeal of the respondent to be entertained without the pre-deposit of the amount of duty of over Rs. 275 Crores and penalty of Rs. 45 Crores.

(3.) The short facts leading to this petition are as under: