METAL PRESS INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Returnable forthwith. Respondents waive service. By consent, writ petition taken on board for final hearing.

(2.) BY this petition, the petitioners seek to challenge the order of the Customs, Excise and Gold (Control) Appellate Tribunal, West Regional Bench at Mumbai ("CEGAT") dated 21st January 1998 by which the CEGAT directed the petitioners to deposit a sum of Rs.6 lakhs as a pre-condition for admission of the appeal.

(3.) MR . Mehta, learned counsel for the respondents, on the other hands, submits that it is in view of the above finding, that the Tribunal has directed the petitioners to deposit only Rs.6 lakh which is about 10% of the demand. We are not impressed by the above submission of Mr. Mehta. We are of the opinion that on the face of the decisions relied upon by the petitioners which are also referred to in the impugned order and the satisfaction of the CEGAT itself in regard to the existence of a prima facie good arguable case, the CEGAT was not justified in directing the petitioner to deposit a sum of Rs. 6 lakhs as a pre-condition for admission of the appeal. We, therefore, modify the impugned order and direct the CEGAT to admit the appeal of the petitioners without pre-deposit of any part of the disputed demand and hear and dispose of the same as expeditiously as possible, at any rate, within four months from today.