BRAHMAPUTRA CARBON LTD. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This appeal is against an interim judgment and order dated 17-6-2010 passed by the Learned Trial Judge, whereby and where-under the Learned Trial Judge refused to modify the earlier interim order dated 3-5-2010. The Learned Trial Judge by its order dated 3-5-2010 (hereinafter referred to as the first order) on an interlocutory application has granted ad interim relief in the manner as follows;-"If any amount has already been recovered on the basis of the order of the Tribunal that shall abide by the result of the application. If any further amount is to be recovered then the revenue shall not take steps for recovery, if the Petitioner secures the amount payable to the satisfaction of the Assistant Commissioner, Central Excise."

(2.) The brief fact of the case is required to be recorded while dealing with the appeal.

(3.) On 3-2-2010 the Division Bench of this Court had allowed the appeal preferred by the present Appellant against the dismissal of the writ petition dated 16-11-2009. By the said order the Appeal Court after having set aside remanded the matter for fresh hearing. The relevant portion of the said judgment and order of the Appeal Court is reproduced hereunder: