KAKDA REROLLING MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition the petitioner has prayed for issue of a writ in the nature of certiorari for quashment of the order contained in Annexure P/10 whereby the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, has affirmed the ex parte order passed by the adjudicating authority i. e. Commissioner, Central Excise, Bhopal, the respondent No. 3 herein.

(2.) MR. Upadhayay, learned Counsel for the petitioner submitted that though certain opportunities were granted by the adjudicating authority but the petitioner was not in a position to produce the all material documents to explain his stand. Learned Counsel further submitted that if another opportunity of hearing is granted to the petitioner it would be in a position to satisfy the plea taken by it.

(3.) MRS. Indira Nair, learned Additional Standing Counsel for the Union of India, though initially resisted such a prayer of Mr. Upadhayay, later on, did not seriously oppose the same. In view of the aforesaid the order vide Annexure P/10 is quashed and the matter is remanded to the Commissioner, Central Excise, Bhopal, who shall adjudicate and finalise the matter after affording opportunity of hearing to the petitioner. To cut short delay, it is directed that the petitioner shall appear before the respondent No. 3 on 30-8-2001 and the said authority thereafter shall fix another date for Hearing and finalise the matter by end of October, 2001.