PREM PHARMACEUTICALS Vs. CCE

JUDGEMENT

(1.) ON consent, parties were heard on merits.

(2.) THIS petition under Article 226/227 has been filed by the petitioner challenging the order passed by Commissioner (Appeals) in petitioner's appeal on 6/8th Jan. 1997 rejecting the petitioner's application filed under Section 35f of Central Excise Act, 1944. Submission of petitioner is that it had made out a prima facie case for grant of interim stay and had also mentioned about the financial status of the petitioner but these grounds have not been considered.

(3.) I have perused the impugned order passed in appeal by which petitioner's application filed under Section 35f of Central Excise Act has been rejected. The grounds mentioned and canvassed before me have been considered by the appellate authority. I find no jurisdictional error. Consequently the petition is hereby dismissed but if the petitioner makes an application before the appellate authority for early hearing of the appeal on merits, out of turn, then the authority may consider the same. No order is made as to costs of this petition.