GODREJ HERSHEY LIMITED Vs. COMMISSIONER

JUDGEMENT

(1.) FOR the reasons mentioned above, the petitioner prays that this Hon. Court may be pleased to issue a writ, order or direction, more particularly in the nature of a writ of Certiorarified Mandamus to call for the records of the case and to quash the impugned letter No. CEX/Misc/Godrej/Arrears/2011- 10-66 dated 1.2.2011 issued by the second respondent and refrain the respondents from taking any coercive steps to recover the dues, till the petitioner's appellate remedies are exhausted and to pass such further or other orders as this Hon. Court may deem fit in the facts and circumstances of the case.

(2.) THAT any other relief which this Hon. Court deem just and necessary in the interest of justice be also award and granted to the petitioner. Case of the petitioner is that against the order Annexure P-2 passed by the respondent No.1 the Commissioner, Central Excise & Customs, Bhopal, petitioner has filed an appeal before the Customs/Excise and Service Tax Appellate Tribunal, New Delhi under Section 35B of the Central Excise Act,1944 alongwith an application seeking stay of the order and waiver of the deposit of the statutory amount in filing appeal. It is submitted that because of the non-availability of the Tribunal, neither the appeal of the petitioner nor the application for stay could be heard so petitioner has approached this Court for the aforesaid relief. 2..... M/s Godrej Hershey Ltd. The Commissioner, Central Excise, Bhopal

(3.) ON deposit of the aforesaid amount, for a period of 30 days, the respondents shall not take any coercive action against the petitioner for the recovery of the remaining amount as directed vide Annexure P-2 dated 29.10.2010.