HARIK RESINS PVT. LTD. Vs. CESTAT, BANGALORE

JUDGEMENT

(1.) THIS writ petition is filed seeking a Certiorari to call for the record relating to the order passed by the Respondent No. 1 in Stay Application No. 226/2012 in Central Excise Appeal No. 387 of 2012, dated 8 -5 -2013 and to quash the same. We have heard Sri Vedula Venkata Ramana, learned senior counsel appearing for the petitioner and Sri V. Gopala Krishna Gokhale learned standing counsel appearing for the respondent.

(2.) THE writ petitioner, which is a company represented by its Managing Director, filed an appeal before the 1st respondent against the order passed by the 2nd respondent dated 31 -10 -2011 demanding a total amount of Rs. 47,95,862/ - in terms of the proviso to Section 11A(1) of the Central Excise Act, 1944 alleging that the petitioner had clandestinely manufactured and cleared 'resin' during the period from October, 2000 to October, 2003.

(3.) ALONG with both the above said appeals, miscellaneous applications were filed for waiver of the pre -deposit and stay of collection of the amounts under the order under appeal.