UMASHANKAR SOMANI INDL TEXTILES Vs. UOI

JUDGEMENT

(1.) BY filing this Petition, under Articles 226/227 of the Constitution, Petitioner is praying for quashment of Order dt. 27. 3. 1997, passed by Commissioner (Appeals) (Annexure P. 5 ).

(2.) IT is not in dispute, that Petitioner's Appeal is still pending disposal on merits. While disposing of the Petitioner's application for grant of stay, filed along with the Appeal, under Section 35 (f) of the Central Excise Act, the Commissioner (Appeals) has rejected the Petitioner's stay application and also directed that in case Petitioner fails to comply with the direction of the Adjudicating Authority, the Petitioner's Appeal itself would stand dismissed on merits.

(3.) THIS Court was pleased to pass an order dt. 29. 4. 1997 staying the operation of the said order by, which, direction was given, that in case of non-compliance, the Petitioner's Appeal would be dismissed. On account of the Order of stay, passed by this Court, Petitioner's Appeal is still alive.