WESTERN INDIA METAL INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Hidaitullah for the petitioners. Mr. Desai appears for and respondents.

(2.) THIS petition seeks to challenge the order passed by the Customs Excise and Gold (Control) Appellate Tribunal ("cegat" for short), whereby the CEGAT has completely declined to waive pre-deposit for the purposes of entertaining the appeal.

(3.) THE petitioners have contended that large number of documents were not made available in the original proceedings and that is how grave prejudice has been caused in defence of the rights of the petitioners. The petitioners are already in appeal before the CEGAT. In affidavit in reply of R. S. Sangia, Assistant Commissioner, Legal, Central Excise filed on behalf of respondents it has been pointed out that on number of dates inspection was offered to the petitioners: and the dates are specifically referred in paragraph-4 for 48 days. Mr. Hidaitullah, learned Counsel for the petitioner submits that there are errors in all these dates and still the inspection is not complete.