NAVNEET BOTADRA Vs. ASSISTANT COMMISSIONER C EX

JUDGEMENT

(1.) BY this writ petition the petitioner has prayed for issuance of a direction to the respondents No. 3 and 4 to decide the appeal of the petitioner on merit. This Court by order dated 9-3-2001 had directed the learned Counsel for the petitioner to serve a copy of the writ petition on Mrs. Indira Nair, learned Additional Standing Counsel for Union of India.

(2.) ON a perusal of the order, dated 16-7-1999, it transpires that the Tribunal had directed the petitioner to pay Rs. 1 lac. The petitioner deposited Rs. 60,000/- but did not deposit Rs. 40,000/as a consequence of which, the Tribunal by order, dated 19-11-1999 dismissed the appeal in non-compliance of the provision enshrined under Section 35f of the Central Excise Act, 1944. However, the Tribunal granted opportunity to the petitioner to seek restoration of the appeal if it deposit Rs. 40,000/- on or before 12-9-99. The petitioner did not deposit the amount in question and has approached this Court.

(3.) MRS. Indira Nair, learned Additional Standing Counsel for Union of India has raised preliminary objection with regard to the delay and laches on the part of the petitioner.