HANIL ERA TEXTILES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioners are aggrieved by the coersive action taken by the respondents for recovery of the disputed demand and attachment of the goods of the petitioners on 18th December 1997 pending disposal of the stay application before the Customs Excise and Gold (Control) Appellate Tribunal (CEGAT), West Zonal Bench, Mumbai.

(2.) WE have heard Mr.D.H.Mehta, learned counsel for the petitioners. The case of the petitioners is that against the order of the Commissioner of Central Excise, Mumbai by which a demand of Rs.1,63,41,966/- on account of excise duty and Rs.1,000/- on account of penalty was raised, an appeal has been preferred by the petitioners before the CEGAT. Alongwith the appeal, an application for stay of the recovery of disputed demand has also been made which has been fixed for hearing on 3rd February 1998. The grievance of the petitioners is that in the meantime, the respondents have taken coersive measures for recovery of the disputed demand and they have even attached the goods of the petitioners on 18th December 1997.

(3.) IN view of the above statement of the learned counsel for the respondents, this writ petition is not pressed. Writ petition is disposed of accordingly. No order as to costs.