2001 (11) TMI 331

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..... Advocate and K. Kumar, ACGSC, for the Respondent. [Order]. -  Aggrieved by the notice dated 25-11-1994 issued the first respondent calling upon the petitioner to a sum of Rs. 35,000/- towards the penalty amount, due, petitioner has filed the above writ petition to quash the same and issue direction to the respondents 1 to 4 to forbear from taking all further proceedings for the recove....

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.... the payment of personal penalty of Rs. 35,000/- pending disposal of the appeal. Now the grievance of the petitioner is that in the absence of any order being passed in the petition filed for dispensing with the payment of personal penalty and in view of the fact that the appeal filed by him is pending before the fifth respondent, the impugned recovery notice issued by the first respondent cannot ....

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.... would be open to the concerned authority to recover the penalty amount. He has also relied upon the decision of Janarthanam, J. in the case of K.M. Mohamed Yousuf Sulaikha Ummal v. Asst. Director [1991 (56) E.L.T. 324 (Madras)], wherein the learned Judge had an occasion to consider a similar claim. It was contended before the learned Judge in as much as the appeal had been entertained by the Boar....

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....sufficient to indicate even by way of implication that the deposit of the penalty amount had been dispensed with and the appeal had been taken on file and if at all, in the circumstances it would indicate that a number had been assigned to the appeal for the purpose of conveniently referring the same in future correspondence. 13. In the absence of any order dispensing with the deposit of t....