ESCORTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Reply not filed. Mr. Nehra, learned counsel appearing on behalf of the respondents even after having instructions is unable to commit as to within what time the appeal/stay application filed by the petitioner and pending before the Commissioner (Appeals), Central Excise, C.R. Building, I.P. Estate, New Delhi shall be taken up for final disposal.

(2.) Learned counsel for the petitioner submits that on the one hand the appeal/stay application is not being taken up for final disposal and on the other, the Assistant Commissioner Central Excise Division V.NH IV, N.I.T. Faridabad has taken steps to recover the amount under the impugned demand by resorting to coercive measures.

(3.) After hearing learned counsel for the parties and keeping in view the fact that there is no likelihood of the appeal and/or stay application being taken up for disposal at an early date, we stay the recovery under the impugned demand, till the final disposal of the application for interim relief moved by the petitioner along with the appeal, by the Commissioner (Appeals).