GAJRA BEVEL GEARS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) HAVING heard the learned counsel we are of the opinion that instead of admitting this petition for final hearing, it can be disposed of at this stage alone with suitable observations as the point involved is simple

(2.) THE petitioner -company complains that the Collector (Appeals), before whom its appeal is pending is not deciding the application of the Company for exemption from the condition of pre -deposit of the amount recoverable under the order appealed against and the Department is proceeding to recover the amount. Shri Mahajan attempted to convince us that there was a prima facie case in favour of granting exemption from the condition of pre -deposit. However, we are not prepared to hear and decide the application for exemption from the condition of pre -deposit on merits. The grievance of the petitioner that the application is not being decided and in the meanwhile, recovery is being ordered, appears to be genuine.

(3.) SHRI Mahajan pressed into service a decision of the Allahabad High Court dated 26 -8 -1992 in Kanpur Plastic Pack v. U.O.I. and of this court in Ramdarshan Rolling v. Union of India (Misc. Petition No. 1371/89 decided on 28 -1 -1992), wherein in the similar circumstances the High Court had intervened and granted a stay order.