SHARDA ISPAT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Sundaram waives service for respondents. By consent, rule is called out and heard.

(2.) The petitioner was issued a show cause notice by the second respondent on 27/30-1-1995. The show cause notice was replied by the petitioner on 12-5-1995. The second respondent made an order on 27-12-1997 against the petitioner. The petitioner filed appeal No. 174/NCP/98 on 25-3-1998 before the Appellate Commissioner of Central Excise under Sec. 35 of the Central Excise Act, 1944 . On the same day, petitioner also moved an application for staying the order passed by second respondent and waiver of pre-deposit requirement under the said section. On 22-4-1999, the third respondent made an interlocutory order rejecting prayer for stay of the recovery and dismissed the application for waiver of the pre-deposit. Being aggrieved thereby, the petitioner moved this writ petition.

(3.) The petition came up for admission on 7-5-1999, on which day the Division Bench issued notice returnable within six weeks and granted ad interim order in terms of prayer clause c(i) which reads as under: