ANJALI COOLERS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this Petition under Article 226/227 of the Constitution of India, the petitioner contends that Respondent No. 3, the Assistant Commissioner, Central Excise Division, Gwalior had passed an order, Annexure P/1, dated 23-10-1996, against which the petitioner has preferred an appeal along with Stay application before Respondent No. 2, the Commissioner (Appeals) Central Excise C. G. O. Complex, Shivaji Chauraha, A. B. Road, Indore, as per Annexure P/2, on 11-2-1997, but neither the Appeal nor the application for interim relief is being heard and decided by the appellate authority. Learned Counsel for the petitioner submits that coercive measures have been adopted for recovery. Learned counsel orally submitted that earlier the petitioner's goods in 131 Numbers and then 41 in numbers have been seized.

(2.) LEARNED counsel for the petitioner placed reliance on 1995 (80) E. L. T. 505 (M. P.) - Gajra Bevel Gears Ltd. v. Union of India and 1997 (90) E. L. T. 299 (All.) - Arvi Components (P) Limited v. Union of India, especially paras 9,10 and 11 of the Judgment and contended that it is obligatory on the part of the Appellate Authority to consider and dispose of stay application within a reasonable time and if the Authority is not doing so, then executive Authority proceeds with coercive measures for recovery, which appears to be gross abuse of the process of law on the part of the appellate authority reflecting badly upon his efficiency if not interity.

(3.) LEARNED counsel for the respondents on the other hand, contended that the appeal is barred by limitation. Counsel for the petitioner however, disputes this position and contended that the Appeal is within limitation.