LACHHMI STEEL INDUSTRY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ application, the petitioner seeks appropriate order directing the respondents to issue copies of the Orders No. 133/RAN/C.Ex/Appeal/ 03 dated 22.10.2003 and No. 135/RAN/ CE/Appeal/03 dated 22.10.2003 on the ground that the petitioner has not been served with copies of the aforesaid orders till date and, further for quashing the summons as contained in letter No. 76 dated 22.2.2008 issued by the Superintendent, Central Excise, Range -I, Dhanbad under the provisions of Section 14 of Central Excise Act whereby the authority has started inquiry on account of non -payment of Government arrears.

(2.) THE petitioner's case is that during the years 1996 -97 and 1999, the petitioner was served with a show cause notice by the Central Excise Department and the petitioner said to have informed the authority that the plant of the petitioner is closed down permanently since 12.10.1998 and in the said letter the petitioner gave the new correspondence address. However, the Deputy Commissioner of Central Excise, Dhanbad passed order on 16.7.1999 and 8.6.1999 and a demand of Rs. 68,884/ - and 1,23,834/ - respectively were raised. Petitioner's further case is that aggrieved by the said orders, two separate statutory appeals were filed before the appellate authority, Patna i.e. the Commissioner of Central Excise and Customs, Patna. It is alleged that petitioner was never served any notice of hearing of the appeals, but in the year 2005, a letter dated 20.9.2005 was issued from the Office of Superintendent Central Excise, Range -I, Dhanbad mentioning the duty and penalty payable by the petitioner. In response to the said letter, the petitioner vide letter dated 22.12.2005 requested the authority to forward the copies of two orders dated said to have been passed against the petitioner at Ranchi stating specifically that the petitioner has no knowledge about the said orders. Surprisingly, the petitioner said to have served with second letter dated 27.1.2006 asking the petitioner to deposit all Government dues along with interest without giving reply to the request of the petitioner for supplying copies of the aforesaid orders.

(3.) WE have heard Mr. M.S. Mittal, learned counsel appearing for the petitioner and, Mr. Mokhtar Khan, learned Asst. Solicitor General of India.