SARDAR STEEL MILLS Vs. CCE, INDORE

JUDGEMENT

(1.) THE applicants in this stay application have requested for a decision on merits. Ld. JDR represents the respondents. The appeal is against the orders of the departmental authorities confirming demand of duty under Rule 571 of the Central Excise Rules. The very question of maintainability of the appeal is in issue, in the wake of the decision of the Southern Regional Bench (Bangalore) of this Tribunal in the case of Wipro Ltd. and Others. The issues arising from that decision is presently before Larger Bench. This appeal and the stay application, therefore, have to wait for the decision of the Larger Bench. The stay application is , therefore, adjourned to 2.8.2001. In direct the departmental authorities, under Rule 41 of the CEGAT (procedure) Rules, to refrain from any recovery proceedings against the party till final disposal of the stay application.